3XT 


THE 


WUTION  OP  THI  1ITED  STATES: 


WITH    ALL    THE 


ACTS  OF  CONGRESS 


INCLUDING    THE 


NEBRASKA  AND  KANSAS  BILL. 


D.    M.    DEWEY: 

AROADB    HALL,    ROCHESTER,    N.    Y 
1854, 


CAREFULLY   COMPILED   FROM   PUBLIC  DOCUMENTS. 


THE 


CONSTITUTION 


OF    THE 


UNITED    STATES, 


WITH    THE 


ACTS  OF  CONGRESS, 


RELATING    TO 


SLAVERY, 


EMBRACING,  THE  CONSTITUTION-,  THE  FUGITIVE  SLAVE  ACT 

OF  1793,  THE  MISSOURI  COMPROMISE  ACT  OF  1820, 

THE  FUGITIVE  SLAVE  LAW  OF  1850, 


T.HF, 


NEBRASKA  AND  KANSAS  BILL, 


CAREFULLY  COMPILED. 


ROCHESTER: 
PUBLISHED  BY  D.  M.  DEWEY, 

ARCADE  HALL. 


* 


Published  from  Acts  of  Congress,  as  issued  in  the  United  States  Laws: 
Carefully  arranged  by  D.  M.  DEWEY,  Rochester,  N.  Y. 


PRINTED  BY  LEE,  MAXX  <fc  CO. 
STEREOTYPED  BY  J,  W.  BROWX,  ROCHESTER. 


CONSTITUTION  OF  THE  UNITED  STATES. 


PREAMBLE. 

WE,  the  people  of  the  United  States,  in  order  to  form  a  more  perfect 
union,  establish  justice,  insure  domestic  tranquility,  provide  for  the  common 
defense,  promote  the  general  welfare,  and  secure  the  blessings  of  liberty  to 
ourselves  and  our  posterity,  do  ordain  and  establish  this  Constitution  for  the 
United  States  of  America. 

ARTICLE  I. 

Of  the  Legislature. 

SECTION  L 

1.  All  legislative  powers  herein  granted,  shall  be  vested  in  a  Congress  of 
the  United  States,  which  shall  consist  of  a  Senate  and  House  of  Represen 
tatives. 

SECTION    II. 

1.  The  House  of  Representatives  shall  be  composed  of  members  chosen 
every  second  year  by  the  people  of  the  several  states;  and  the  electors  in 
each  state  shall  have  the  qualifications  requisite  for  electors  of  the  most  nu 
merous  branch  of  the  state  legislature . 

2.  No  person  shall  be  a  representative  who  shall  not  have  attained  to  the 
age  of  twenty-five  years,  and  been  seven  years  a  citizen  of  the  United  States, 
and  who  shall  not,  when  elected,  be  an  inhabitant  of  that  state  in  which  he 
shall  be  chosen. 

3.  representatives  and  direct  taxes  shall  be  apportioned  among  the  several 


M98539 


2  CONSTITUTION  OF   THE  UNITED  STATES. 

states  which  may  be  included  within  this  union,  according  to  their  respective 
numbers,  which  shall  be  determined  by  adding  to  the  whole  number  of  free 
persons,  including  those  bound  to  service  for  a  term  of  years,  and  excluding 
Indians  not  taxed,  three-fifths  of  all  other  persons.  The  actual  enumeration 
shall  be  made  within  three  years  after  the  first  meeting  of  the  Congress  of 
the  United  States,  and  within  every  subsequent  term  of  ten  years,  in  such 
manner  as  they  shall  by  law  direct  The  number  of  representatives  shall 
not  exceed  one  for  every  thirty  thousand,  but  each  state  shall  have  at  least 
one  representative  ;  and  until  such  enumeration  shall  be  made,  the  state  of 
New  Hampshire  shall  be  entitled  to  choose  three;  Massachusetts  eight; 
Rhode*  'Isld'hfL  and'  •Pj'fyvdeyce  Plantations  one;  Connecticut  five;  New 
York  six'.;  *ififew*J$riiey*&U¥j  Pennsylvania  eight;  Delaware  one;  Mary- 
land  s^x^FcVj/wiacrten^  Norih  'Carolina  five;  South  Carolina  five;  and 


4.  When  vacancies  happen  in  the  representation  from  any  state,  the  exec 
utive  authority  thereof  shall  issue  writs  of  election  to  fill  up  such  vacancies. 

5.  The  House  of  Representatives  shall  choose  their  speakers  and  other 
officers,  and  shall  have  the  sole  power  of  impeachment. 


SECTION   III. 

1.  The  Senate  of  the  United  States  shall  be  composed  of  two  senators 
from  each  state,  chosen  by  the  legislature  thereof,  for  six  years,  and  each  sen 
ator  shall  have  one  vote. 

2.  Immediately  after  they  shall  be  assembled  in  consequence  of  the  first 
election,  they  shall  be  divided,  as  equally  as  may  be,  into  three  classes.     The 
seats  of  the  senators  of  the  first  class  shall  be  vacated  at  the  expiration  of  the 
second  year,  of  the  second  class  at   the  expiration  of  the  fourth,  and  of  the 
third  class  at  the  expiration  of  the  sixth  year,  so  that  one-third  may  be  chosen 
every  second  year;    and  if  vacancies  happen,   by  resignation  or  otherwise, 
during  the  recess  of  the  legislature  of  any  state,  the  executive  thereof  may 
make  temporary  appointments  until  the  next  meeting  of  the  legislature,  which 
shall  then  fill  such  vacancies. 

3.  No  person  shall  be  a  senator  who  shall  not  have  attained  to  the  age  of 
thirty  years,  and  been  nine  years  a  citizen  of  the  United  States,  and  who 
shall  not,  when  elected,  be  an  inhabitant  of  that  state  for  which  he  shall  be 
chosen. 

4.  The  Vice  President  of  the  United  States  shall   be   President  of  the 
Senate,  but  shall  have  no  vote,  unless  they  be  equally  divided. 

5.  The  Senate  shah1   choose  their  other  officers,  and  also  a  president  pro- 


CONSTITUTION  OF   THE  UNITED  STATES.  6 

tern  pore,  in  the  absence  of  the  V  ice-President,  or  when  he  shall  exercise  the 
office  of  President  of  the  United  States. 

G.  The  Senate  shall  have  the  sole  power  to  try  all  impeachments.  When 
silting  for  that  purpose,  they  shall  be  on  oath  or  affirmation.  When  the 
President  of  the  United  States  is  tried,  the  Chief  Justice  shall  preside;  and 
no  person  shall  be  convicted  without  the  concurrence  of  two-thirds  of  the 
members  present. 

7.  Judgment  in  case  of  impeachment  shall  not  be  extended  further  than 
to  removal  from  office,  and  disqualification  to  hold  and  enjoy  any  office  of 
honor,  trust,  or  profit,  under  the  United  States;  but  the  party  convicted  shall, 
nevertheless,  be  liable  and  subject  to  indictment,  trial,  judgment,  and  punish- 
meut  according  to  law. 

SECTION    IV. 

1.  The  times,  places,  and  manner  of  holding  elections  for  senators  and 
representatives,  shall   be  prescribed  in  each  state  by  the  legislature  thereof; 
but  the  Congress  may  at  any  time  by  law,  make  or  alter  such  regulations 
except  as  to  the  place  of  choosing  senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every  year,  and  such  meet- 
ing  shall  be  on  the  first  Monday  in  December,  unless  they  shall  by  law  appoint 
a  different  day. 

SECTION  v. 

1.  Each  House  shall  be  the  judge  of  the  elections,  returns,  and  qualifica 
tions  of  its  own  members ;  and  a  majority  of  each  shall  constitute  a  quorum 
to  do  business ;  but  a  smaller  number  may  adjourn  from  day  to  day,  and  may 
be  authorized  to  compel  the  attendance  of  absent  members,  in  such  manner 
and  under  such  penalties  as  each  House  may  provide. 

2.  Each  House  may  determine  the  rule  of  its  proceedings,  punish  its  mem 
bers  for  disorderly  behavior,  and,  with  the  concurrence  of  two-thirds,  expel  a 
member. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings,  and  from  time  to 
time  publish  the  same,  excepting  such  parts  as  may  in  their  judgment  require 
secrecy ;  and  the  yeas  and  nays  of  the  members  of  either  House,  on  any 
question,  shall,  at  the  desire  of  one-fifth  of  those  piesent,  be  entered  on  the 
journal, 

4.  Neither  House  during  the  session  of  Congress  shall,  without  the  con 
sent  of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  Houses  shall  be  sitting. 


4  CONSTITUTION  OF   THE  UNITED  STATES. 

SECTION   VI. 

1.  The  senators  and  representatives  shall  receive  a  compensation  for  their 
services,  to  be  ascertained  by  law,  and  paid  out  of  the  treasury  of  the  United 
States.      They  shall  in  all  cases  except  treason,  felony,  and  breach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance  at  the  session  of  their 
respective  Houses,  and  in  going  to,  or  returning  from  the  same;  and  for  any 
speech  or  debate  in  either  House,  they  shall  not  be  questioned  in  any  other 
place. 

2.  No  senator  or  representative  shall,  during  the  time  for  which  he  was 
elected,  be  appointed  to  any  civil  office  under  the  authority  of  the  United 
States,  which  shall  have  been  created,  or  the  emoluments  whereof  shall  have 
been  increased,  during  such  time ;  and  no  person  holding  any  office  under  the 
United  States  shall  be  a  member  of  either  House  during  his  continuance  in 
office. 


SECTION  vii. 

1.  All  bills  for  raising  revenue  shall  originate  in  the  House  of  Represen 
tatives  :  but  the  Senate  may  propose  or  concur  with  amendments,  as  on  other 
bills. 

2.  Every  bill  which  shall  have  passed  the  House  of  Representatives  and 
the  senate  shall,  before  it  become  a  law,  be  presented  to  the  President  of  the 
United  States;  if  he  approve  he  shall  sign  it,  but  if  not,  be   shall   return  it 
with  his  objections,  to  that  House  in  which  it  shall  have  originated,  who  shall 
enter  the  objection  at  large  on  their  journal,  and  proceed  to  reconsider  it.     If, 
after  such  reconsideration,  two- thirds  of  that  House   shall  t  agree  to  pass  the 
bill,  it  shall  be  sent,  together  with  the  objections,  to  the  other  House,  by 
which  it  shall  likewise  be  reconsidered,  and  if  approved  by  two-thirds  of  that 
House,  it  shall  become  a  law.     But  in  all  such  cases  the  votes  of  both  Houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of  the  persons  voting 
for  and  against  the  bill  shall  be  entered  on   the  journal  of  each  House  re 
spectively.     If  any  bill  shall  not  be  returned  by  the  President  within  ten 
days  (Sundays  excepted)  after  it  shall  have  been  presented  to  him,  the  same 
shall  be  a  law  in  like  manner  as  if  he  had  signed  it,  unless  the  Congress  by 
their  adjournment  prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

3.  Every  order,  resolution  or  vote  to  which  the  concurrence  of  the  Senate 
and  House  of  Representatives  may  _be  necessary,  (except  a  question  of  ad 
journment,)   shall  be  presented   to  the  President  of  the  United  States ;  and 
before  the  same  shall  take  effect,  shall  be  approved  by  him,  or  being  disap- 


CONSTITUTION  OF    THE  UNITED  STATES.  5 

proved  by  him,  sliall  be  re-passed  by  two-thirds  of  the  Senate  and  House  of 
Representatives,  according  to  the  rules  and  limitations  prescribed  in  the  case 
of  a  bill. 

SECTION  VIIL 

The  Congress  shad  have  power  — 

1.  To  lay  and  collect  taxes,  duties,  imposts,  and  excises,  to  pay  the  debts 
and  provide  for  the  common  defence  and   general  welfare  of  the  United 
States;  but  all  duties,  imposts,  and  excises  shall  be  uniform  throughout  the 
United  States: 

2.  To  borrow  money  on  the  credit  of  the  United  States: 

3.  To  regulate  commerce  with  foreign  nations,  and  among  the  several 
states,  and  with  the  Indian  tribes :  v 

4.  To  establish  a  uniform  rule  of  naturalization,  and  uniform  laws  on  the 
subject  of  bankruptcies,  throughout  the  United  States: 

5.  To  coin  money,  regulate  the  value  thereof,  and  of  foreign  coin,  and  fix 
the  standard  of  weights  and  measures : 

6.  To  provide  for  the  punishment  of  counterfeiting  the  securites  and  cur 
rent  coin  of  the  United  States : 

7.  To  establish  post-offices  and  post-roads : 

8.  To  promote  the  progress  of  science  and  useful  arts,  by  securing  for  limi 
ted  times  to  authors  and  inventors  the  exclusive  right  to  their  respective  wri 
tings  and  discoveries: 

I 

9.  To  constitute  tribunals  inferior  to  tne  Supreme  Court: 

1 0 .  To  define  and  punish  piracies  and  felonies  committed  on  the  high 
seas,  and  offences  against  the  law  of  nations : 

1 1 .  To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make  rules 
concerning  captures  on  land  and  water: 

12.  To  raise  and  support  armies;  but  no  appropriation  of  money  to  that 
use  shall  be  for  a  longer  term  than  two  years: 

13.  To  provide  and  maintain  a  navy: 

14.  To  mak3  rules  for  the  government  and  regulation  of  the  land  and 
naval  forces: 

15.  To  provide  for  calling  forth  the   militia  to   execute  the  laws  of  the 
Union,  suppress  insurrections,  and  repel  invasions : 

16.  To  provide  for  organizing,  arming,  and  disciplining  the  militia,  and  for 
governing  such  part  of  them  as  may  be  employed  in  the  service  of  the 


6  CONSTITUTION    OF    THE    UNITED    STATES. 

United  States,  reserving  to  the  States  respectively  the  appointment  of  the 
officers  and  the  authority  of  training  the  militia  according  to  the  discipline 
prescribed  by  Congress. 

17.  To  exercise  exclusive   legislation,  in  all   cases  whatsoever,    over   such 
district  (not  exceeding  ten  miles  square,)   as  may,  by  cession  of  particular 
States   and   the  acceptance   of  Congress,  become  the  seat  of  government  of 
the  United  States,  and  to  exercise  like  authority  over  all  places  purchased,  by 
the  consent  of  the  legislature  of  the  state  in  which  the  same  shall  be,  for  the 
erection  of  forts,  magazines,  arsenals,  dock-yards,   and  other  needful  build 
ings:  and, 

18.  To  make  all  laws  which  shall  be  necessary  and  proper  for  carrying  into 
execution  the  foregoing  powers,  and  all  other  powers  vested  by  this  Constitu 
tion  in  the  government  of  the  United   States,  or  any  department  or  officer 
thereof. 


SECTION    IX. 

1.  The  migration  or  importation  of  such  persons  as  any  of  the  states  now 
existing  shah1  think  proper  to  admit,  shall  not  be  prohibited  by  the  Congress 
prior  to  the  year  one  thousand  eight  hundred  and  eight,  but  a  tax  or  duty 
may  be   imposed  on  such  importation,  not    exceeding  ten  dollars  for  each 
person. 

2.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended  unless 
when,  in  case  of  rebellion  or  invasion,  the  public  safety  may  require  it. 

3.  No  bill  of  attainder,  or  ex-post-facto  law,  shall  be  passed. 

4 .  No  capitation  or  other  direct  tax  shall  be  laid,  unless  in  proportion  to 
the  census  or  enumeration  hereinbefore  directed  to  be  taken. 

5.  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  state.       No 
preference  will  be  given  by  any  regulation  of  commerce  or  revenue  to  the 
ports  of  one  state  over  another ;  nor  shall  vessels  bound  to  or   from  one  state 
be  obliged  to  enter,  clear,  or  pay  duties  in  another . 

6.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of  ap 
propriations  made  by  law ;  and  a  regular  statement  and  account  of  the  re 
ceipts  and  expenditures  of  all  public  money  shall  be  published  from  time  to 
time. 

7.  No  title  of  nobility  shall  be  granted  by  the  United  States,  and  no  per 
son  holding  any  office  of  profit  or  trust   under  them   shall,  without  the  con 
sent  of  Congress,  accept  of  any  present,  emolument,  office,  or  title  of  any  kind 
whatever,  from  any  king,  prince,  or  foreign  state , 

ft 


CONSTITUTION   OF  THE    UNITED   STATES.  7 

SECTION    X. 

1 .  No  state  shall  enter  into  any  treaty,  alliance,  or  confederation ;  grant  let 
ters  of  marque  and  reprisal ;  coin   money ;  emit  bills  of  credit ;  make  any- 
ihing  but  gold  and  silver  coin  a  tender  in  payment  of  debts;  pass  any  bill 
of  attainder,  ex-post-facto  law,  or  law  impairing  the  obligation  of  contracts ; 
or  grant  any  title  of  nobility , 

2 .  No  state,  shall  without  the  consent  of  Congress,  lay  any    imposts  or 
duties  on  imports  or  exports,  except  what  may  be   absolutely   necessary  for 
executing  its  inspection  laws;  and  the  net  produce  of  all  duties  and  imposts 
laid  by  any  state  on  imports  or  exports  shall  be  for  the  use  of  the  treasury 
of  the  United  States,  and  all  such  laws  shall  be  subject  to  the  revision  and 
control  of  Congress,     No  state  shall,  without  the  consent  of  Congress,  lay 
any  duty  on  tonnage,  keep  troops  or  ships  of  war  in  time  of  peace,  enter  into 
any  agreement  or  compact  with  another  state,  or  with  a  foreign  power,  or  en 
gage  in  war,  unless  actually  invaded,  or  in  such  imminent  danger  as  will 
not  admit  of  delay. 

ARTICLE  II. 
Of  the  Executive, 

SECTION   I. 

1 .  The  executive  power   shall  be   vested   in   a  president  of  the  United 
States  of  America.     He  shall  hold  his  office  during  the  term  of  four  years 
and,  together   with  the   Vice  President,  chosen  for  the  same  term,  be  elected 
as  follows : — 

2.  Each  state  shall  appoint,  m  suck  manner  as  the  legislature  thereof  may 
direct,  a  number  of  electors,  equal  to  the  whole  number  of  senators  and  rep 
resentatives  to  which  the  state  may  be  entitled  in  Congress;  but  no  senator 
or  representative,  or  person  holding  any  office  of  trust  or  profit  under  the 
United  States,  shall  be  appointed  an  elector, 

3.  The  electors  shall  meet  in  their  respective  states,  and  vote  by  ballot  for 
two  persons,  of  whom  one  at   least  shall   not  be  an  inhabitant  of  the  same 
state  with  themselves.     And  they  shall  make  a  list  of  all  the  persons  voted 
for,  and  of  the  number  of  votes  for  each;  which  list  they  shall  sign  and  cer 
tify,    and   transmit  sealed  to  the  seat    of  government  •  of  the  United  States, 
directed  to  the  President   of  the    Senate.       The  President  "of  the^Senate 
shall,  in  the  presence  of  the   Senate  and  House  of  Representatives,  open  all 
the  certificates,  and  the  votes  shall  then  be  counted .      The  person  having  the 


8  CONSTITUTION    OF   THE    UNITED    STATES. 

greatest  number  of  votes  shall  be  the  President,  if  such  number  be  a  major 
ity  of  the  whole  number  of  electors  appointed ;  and  if  there  be  more  than 
one  who  have  such  a  majority,  and  have  an  equal  number  of  votes,  then  the 
House  of  Representatives  shall  immediately  choose  by  ballot  one  of  them 
for  President;  and  if  no  person  have  a  majority,  then,  from  the  five  highest 
on  the  list,  the  said  House  shall  in  like  manner  choose  the  President.  But 
in  choosing  the  President,  the  votes  shall  be  taken  by  states;  the  representa 
tion  from  each  state  having  one  vote ;  a  quorum  for  this  purpose  shall  con 
sist  of  a  member  or  members  from  two-thirds  of  the  states,  and  a  majority 
of  all  the  states  shall  be  necessary  to  a  choice.  In  every  case,  after  the  choice 
of  the  President,  the  person  having  the  greatest  number  of  votes  of  the  elec 
tors,  shall  be  Vice  President.  But  if  there  should  remain  two  or  more  who 
have  equal  votes,  the  Senate  shall  choose  from  them  by  ballot  the  Vice 
President. 

4 .  The  Congress  may  determine  the   time  of  choosing   the   electors  and 
the  day  on  which  they  shall  give  their  votes,  which  shall  be  the  same  through 
out  the  United  States. 

5.  No  person  except  a  natural  bora  citizen,  or  a  citizen  of  the  United 
States  at  the  time  of  the  adoption  of  this   Constitution,  shall   be   eligible  to 
the  office  of  President ;  neither  shall  any  person  be  eligible   to   that    office 
who   shall  not  have  attained  to  the  age  of  thirty-five  years,  and  been  four 
teen  years  a  resident  within  the  United  States . 

6.  In  case   of  the  removal  of  the  President  from  office,  or   of  his  death, 
resignation,  or  inability  to  discharge  the  powers  and  duties  of  the  said  office 
the  same  shall  devolve  on  the  Vice  President;  and  the  Congress  may  by  law 
provide  for  the  case  of  removal,  death,  resignation,  or  inability,  both  of  the 
President  or  Vice  President,  declaring  what  officer  shall  then  act  as  Presi 
dent;  and  such  officer  shall  act  accordingly,  until  the  disability  be  removed  or 
a  President  shall  be  elected. 

7.  The  President  shall,  at  stated  times,  receive  for  his  services  a  compen 
sation,  which  shall  neither  be  increased  nor  diminished  during  the  period  for 
which  he  shall  have  been  elected,  and  he  shall  not  receive  within  that  period 
any  other  emolument  from  the  United  States,  or  any  of  them. 

8.  Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the  follow 
ing  oath  or  affimation : 

*'  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the  office 
of  President  of  the  United  States,  and  will,  to  the  best  of  my  ability,  pre- 
. serve,  protect,  and  defend  the  Constitution  of  the  United  States." 


CONSTITUTION    OP    THE    UNITED    STATES.  Q 

SECTION    II. 

1,  The  President  shall  be  commander-in- chief  of  the  army  and   navy   of 
the  United  States  and    of  the  militia  of  the   several  states,  when    called   in 
to  the  actual  service  of  the  United    States ;  he  may  require  the  opinion  in 
writing  of  the  principal  officer  in  each  of  the  executive  departments,  upon  any 
subject  relating  io  the  duties   of  their  respective   offices ;  and  he  shall  have 
power  to  grant  reprieves  and  pardons  for  offences  against  <Jie  United  States, 
except  in  cases  of  impeachment. 

2 ,  He  shall  have  power,  by  and  with  the  advice  and  consent  of  the  Sen 
ate,  to  make  treaties,  provided  two-thirds  of  the  senators  present  concur :  and 
he  shall  nominate,  and  by    and  with  the  advice  and  consent  of  the  Senate, 
shall  appoint  ambassadors,  and  other  public  ministers  and  consuls,  judges  of  the 
Supreme  Court,  and   all  other  officers  of  the  United  States,  whose  appoint 
ments  are  not  herein  otherwise  provided  for,  and  which  shall  be  established  by 
law ,     But  the   Congress  may  by  law  vest  the  appointment  of  such  inferior 
officers  as  they   think  proper  in  the  President   alone,  in  the  courts  of  law, 
or  in  the  heads  of  departments. 

3 ,  The  President  shall  have  power  to  fill  Tip  all  vacancies  that  may  happen 
during  the  recess  of  the  Senate,  by  granting  commissions,  which  shall  expire 
at  the  end  of  their  next  session . 


SECTION    III, 

1.  He  shall,  from  time  to  time,  give  to  Congress  information  of  the  state 
of  the  Union,  and  recommend  to  their  consideration  such  measures  as  he  shall 
judge  necessary  and  expedient :  he  may,  on  extraordinary  occasions,  convene 
both  houses,  or  either  of  them ;  and  in  case  of  disagreement  between  them, 
with  respect  to  the  time  of  adjournment,  he  may  adjourn  them  to  such  time 
•\s  he  shall  think  proper;  he  shall  receive  ambassadors  and  other  public  min 
isters;  he  shall  take  care  that  the  laws  be  faithfully  executed;  and  shall  com 
mission  all  the  officers  of  tho  United  States. 


SECTION    IV. 

1.  The  President,  Vice  President,  and  all  civil  officers  of  the  United  States, 
shall  be  removed  from  office  on  impeachment  for  and  conviction  of  treason, 
bribery,  or  other  high  crimes  and  misdemeanors , 


10  CONSTITUTION    OF   THE    UNITED    STATES. 

ARTICLE  III. 
Of  the   Judiciary. 

SECTION   I. 

1.  The  judicial  power  of  the  United  States  shall  be  vested  in  one  Supreme 
Court,  and  in  such  inferior  courts  as  Congress  may  from  time  to  time  order 
and  establish.  The  judges,  both  of  the  Supreme  and  inferior  courts,  shall 
hold  their  offices  during  good  behavior ;  and  shall,  at  stated  times,  receive  for 
their  services  a  compensation,  which  shall  not  be  diminished  during  their 
continuance  in  office. 

SECTION  n. 

1.  The  judicial  power  shall  extend  to  all  cases  in  law  and  equity  arising  un 
der  this  Constitution,  the   laws  of  the  United    States,  and  treaties  made,  or 
which  shall  be  made,  under  their  authority ;  to  all  cases  affecting  ambassadors, 
other  public  ministers,  and  consuls;  to  all  cases  of  admiralty    and   maratime 
jurisdiction ;  to  controversies  to  which  the  United  States  shall  be  a  party ;  to 
controversies  between  two  or  more  states ;  between  a  state  and  citizens  of  an 
other  state ;  between  citizens  of  different  states :  between  citizens  of  the  same 
state  claiming  lands  under  grants  of  different  states ;  and  between  a  state,  or 
the  citizens  thereof  and  foreign  states,  citizens  or  subjects. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers,  and  consuls, 
and  those  in  which  a  state  shall  be  a  party,  the   Supreme  Court  shall   have 
original  jurisdiction.      In  all  the  other  cases  before  mentioned,  the  Supreme 
Court  shall  have  appellate  jurisdiction,  both  as  to  law  and  fact,  with  such  ex 
ceptions,  and  under  such  regulations  as  congress  shall  make. 

3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be  by  jury, 
and  such  trial  shall  be  held  in  the  state  where  the  said  crimes  shall  have  been 
committed ;  but  when  not  committed  within  any  state,  the  trial  shall  be  at 
such  place  or  places  as  Congress  may  by  law  have  directed. 

SECTION.    III. 

1.  Treason  against  the  United  States  shall  consist  only  in  levying  war 
against  them,  or  in  adhering  to  their  enemies,  giving  them  aid  and  comfort 
No  person  shall  be  convicted  of  treason,  unless  on  the  testimony  of  two  wit 
nesses  to  the  same,  overt  act,  or  confession  in  open  court. 


CONSTITUTION    OF    THE    UNITED    STATES.  11 

2.  Congress  shall  have  power  to  declare  the  punishment  of  treason ;  but 
no  attainder  of  treason  shall  work  corruption  of  blood,  or  forfeiture,  except 
during  the  life  of  the  person  attained. 

ARTICLE  IV. 
Miscellaneous. 

SECTION  1. 

1.  Full  faith  and  credit  shall  be  given  in  each  state  to  the  public  acts,  re 
cords  and  judicial  proceedings  of  every  other  state.  And  Congress  may,  by 
general  laws,  prescribe  the  manner  in  which  such  acts,  records,  and  proceed 
ings  shall  be  proved,  and  the  effect  thereof. 

SECTION    II. 

1.  The  citizens  of  each  state  shall  be  entitled  to  ah1  the  privileges  and  im 
munities  of  citizens  in  the  several  states. 

2.  A  person  charged  in  any  state  with  treason,  felony,  or  other  crime,  who 
shall  flee  from  justice  and  be  found  in  another  state,  shall,  on  demand  of  the 
executive  authority  of  the  state  from  which  he  fled,  be  delivered  up,  to  be  re 
moved  to  the  state  having  jurisdiction  of  the  crime. 

3.  N"o  person  held  to  service  or  labor  in  one  state,  under  the  laws  there 
of,  escaping  into  another,  shall,  in  consequence  of  any  law  or  regulation  there 
in,  be  discharged  from  such  service  or   labor ;  but  shall  be  delivered  up  on 
claim  of  the  party  to  whom  such  service  or  labor  may  be  due. 

SECTION  in. 

1.  New  states  may  be  admitted  by  Congress  into  this  union;  but  no  new 
state  shall  be  formed  or  erected  within  the  jurisdiction  of  any  other  state,  nor 
any  state  be  formed  by  the  junction  of  two  or  more  states,  or  parts  of  states 
without  the  consent  of  the  legislatures  of  the  states  concerned,  as  well  as  of 
Congress. 

2.  Congress  shall  have  power  to  dispose  of,  and  make  all  needful  rules  and 
regulations  respecting  the  territory  or  other  property  belonging  to  the  United 
States;  and  nothing  in  this  Constitution  shall  be  so  construed  as  to  prejudice 
any  claims  of  the  United  States  or  of  any  particular  state. 

SECTION    IV. 

1.   The  United  States  shall  guarantee  to  every  state  in  this  union  a  repub 
lican  form  of  government,  and  shall  protect  each  of  them  against  invasion ; 


12  CONSTITUTION    OF   THE    UNITED    STATES. 

and,  on  application  of  the   legislature,  or  of  the  executive  (when  the  legisla 
ture  cannot  be  convened,)  against  domestic  violence. 


ARTICLE  V. 

Of  Amendments. 
* 

1.  Congress,  whenever  two-thirds  of  both  Houses  shall  deem  it  necessary, 
shall  propose  amendments  to  this  Constitution;  or,  on  the  application  of  the 
legislatures  of  two-thirds  of  the  several  states,  shall  call  a  convention  for  pro 
posing  amendments,  which,  in  either  case,  shall  be  valid  to  all  intents  and  pur 
poses,  as  part  of  this  Constitution,  when  ratified  by  the  legislatures  of  three- 
fourths  of  the  several  states,  or  by  conventions  in  three-fourths  thereof,  as  the 
one  or  the  other  mode  of  ratification  may  be  proposed  by  Congress ;  pro 
vided,  that  no  amendment  which  may  be  made  prior  to  the  year  one  thousand 
eight  hundred  and  eight,  shall  in  any  manner  affect  the  first  and  fourth  claus 
es  in  the  ninth  section  of  the  first  article ;  and  that  no  state,  without  its  con 
sent  shall  be  deprived  of  its  equal  suffrage  in  the  Senate. 


ARTICLE  VI. 
Miscellaneous. 

1.  All  debts  contracted  and  engagements  entered  into  before  the  adoption 
of  this  Constitution,  shall  be  as  valid  against  the   United   States  under  this 
Constitution,  as  under  the  confederation. 

2.  This  Constitution,  and  the   laws   of  the  United  States  which  shall  be 
made  in  pursuance  thereof,  and  all  treaties  made  or  which  shall  be  made,  un 
der  the  authority  of  the  United  States,  shall  be  the  supreme  law  of  the  land ; 
and  the  judges  in  every  state  shall  be  bound  thereby,  anything  in  the  Con 
stitution  or  laws  of  any  state  to  the  contrary  notwithstanding. 

3.  The  senators  and  representatives  before  mentioned,  and  the  members  of 
the  several  state  legislatures,  and  all  executive  and  judicial  officers,   both   of 
the  United  States  and  of  the  several  states,  shall  be  bound  by  oath  or  affirma 
tion  to  support  this  Constitution  ?  but  no  religious  test  shall  ever  be  required 
as  a  qualification  to  any  office,  or  public  trust,  under  the  United  States. 


AMENDMENTS    TO    THE    CONSTITUTION.  13 

ARTICLE  VII. 
Of  the  Ratification. 

1.  The  ratification  of  the  conventions  of  nine  states  shall  be  sufficient  for 
the  establishment  of  this  Constitution  between  the  states  so  ratifying  the 
same. 

Done  in  Convention,  by  the  unanimous  consent  of  the  states  present,  the 
seventeenth  day  of  September,  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  eighty-seven,  and  of  the  Independence  of  the  United  States 
of  America  the  twelfth.  In  witness  whereof,  we  have  herein  subscribed 
our  names. 

GEORGE  WASHINGTON, 
President,  and  Deputy  from    Virginia,  and  others. 


AMENDMENTS  TO  THE  CONSTITUTION. 


Art.  1.  Congress  shall  make  no  law  respecting  an  establishment  of  religion, 
or  prohibiting  the  free  exercise  thereof  ;  or  abridging  the  freedom  of  speech, 
or  of  the  press ;  or  the  right  of  the  people  peaceably  .to  assemble,  and  to 
petition  the  govennment  for  a  redress  of  grievances. 

Art.  2.  A  well-regulated  militia  being  necessary  to  the  security  of  a  free 
state,  the  right  of  the  people  to  keep  and  bear  arms  shall  not  be  infringed. 

Art.  3.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house  with 
out  the  consent  of  the  owner ;  nor  in  time  of  war,  but  in  a  manner  to  be 

prescribed  by  law. 

Art.  4.  The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers, 
and  effects,  against  unreasonable  searches  and  seizures,  shall  not  be  violated  ; 
2 


14  AMENDMENTS    TO    THE    CONSTITUTION. 

and  no  warrants  shall  issue  but  upon  probable  cause,  supported  by  oath  or 
affirmation,  and  particularly  describing  the  place  to  be  searched,  and  the  per 
sons  or  things  to  be  seized. 

Art.  5.  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  in 
famous  crime,  unless  on  a  presentment  or  indictment  of  a  grand  jury,  except 
in  cases  arising  in  the  land  or  naval  forces,  or  in  the  militia  when  in  actual 
service  in  time  of  war,  or  public  danger ;  nor  shall  any  person  be  subject  for 
the  same  offence  to  be  put  twice  in  jeopardy  of  life  or  limb ;  nor  shall  be 
compelled,  in  any  criminal  case,  to  be  witness  against  himself  ;  nor  be  de. 
prived  of  life,  liberty,  or  property,  without  due  process  of  law ;  nor  shall  pri 
vate  property  be  taken  for  public  use  without  just  compensation. 

Art.  6.  In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  of  a 
speedy  and  public  trial,  by  an  impartial  jury  of  the  state  and  district  wherein 
the  crime  shall  have  been  committed,  which  district  shall  have  been  previously 
ascertained  by  law,  and  to  be  informed  of  the  nature  and  cause  of  the  ac 
cusation  :  to  be  confronted  with  the  witnesses  against  him ;  to  have  compul 
sory  process  for  obtaining  witnesses  in  his  favor ;  and  to  have  the  assistance  of 
counsel  for  his  defense. 

Art.  7.  In  suits  of  common  law,  where  the  value  in 'controversy  shall  ex 
ceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  preserved ;  and  no  fact 
tried  by  jury  shall  be  otherwise  re-examined  in  any  court  of  the  United 
States  than  according  to  the  rules  of  the  common  law. 

Art .  8 .  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  cruel  and  unusual  punishments  inflicted . 

Art.  9 .  The  enumeration  in  the  Constitution  of  certain  rights  shall  not  be 
construed  to  deny  or  disparage  others  retained  by  the  people . 

Art,  1 0.  The  powers  not  delegated  to  the  United  States  by  the  Constitu 
tion,  nor  prohibited  by  it  to  the  states,  are  reserved  to  the  states  respectively, 
or  to  the  people. 

Art.  11.  The  judicial  power  of  the  United  States  shall  not  be  construed 
to  extend  to  any  suit  in  law  or  equity  commenced  or  prosecuted  against  one 
of  the  United  States  by  citizens  of  another  state,  or  by  citizens  or  subjects  of 
another  state,  or  by  citizens  or  subjects  of  any  foreign  state. 

Art.  12.  §  1.  The  electors  shall  meet  in  their  respective  states,  and  vote 
by  ballot  for  President  and  Vice  President,  one  of  whom,  at  least,  shall  not 
be  an  inhabitant  of  the  same  state  with  themselves :  they  shall  name  in  their 
ballots  the  person  voted  for  as  President,  and  in  distinct  ballots  the  person 
voted  for  as  Vice  President;  and  they  shall  make  distinct  l;°*~  • " 


AMENDMENTS    TO    THE    CONSTITUTION.  15 

voted  for  as  President,  and  of  all  persons  voted  for  as  Vice  President,  and  of 
the  number  of  votes  for  each,  which  list  they  shall  sign  and  certify,  and  trans 
mit  sealed  to  the  seat  of  government  of  the  United  States,  directed  to  the 
President  of  the  Senate ;  the  President  of  the  Senate  shall,  in  the  presence 
of  the  Senate  and  House  of  Representatives,  open  all  the  certificates, 
and  the  votes  shall  then  be  counted ;  the  person  having  the  greatest  number 
of  votes  for  President  shall  be  the  President,  if  such  number  be  a  majority 
of  the  whole  number  of  electors  appointed ;  and  if  no  person  have  such  a 
majority,  then  from  the  persons  having  the  highest  number,  not  exceeding 
three  on  the  list  of  those  voted  for  as  President,  the  House  of  Representatives 
shall  choose  immediately  by  ballot  the  President.  But  in  choosing  the  Presi 
dent,  the  votes  shall  be  taken  by  states,  the  representation  from  each  state 
having  one  vote ;  a  quorum  for  this  purpose  shall  consist  of  a  member  or 
members  of  two-thirds  of  the  states,  and  a  majority  of  all  the  states  shall  be 
necessary  to  a  choice.  And  if  the  House  of  Representatives  shall  not  choose 
a  President  whenever  the  right  of  choice  shall  devolve  upon  them  before  the 
fourth  day  of  March  next  following,  then  the  Vice  President  shall  act  as  Presi 
dent,  as  in  case  of  the  death  or  other  constitutional  disability  of  the  President. 

2.  The  person  having  the  greatest  number  of  votes  as  Vice    President 
shall  be  the  Vice  President,  if  such  number  be  a  majority  of  the  whole  num 
ber  of  electors  appointed ;  and  if  no  person  have  a  majority,  then  from  the 
two  highest  numbers  on  the  list,  the  Senate  shall  choose  the  Vice  President ; 
a  quorum  for  the  purpose  shall  consist  of  two-thirds  of  the  whole  number  of 
senators,  and  a  majority  of  the  whole  number  shall  be  necessary  to  a  choice.* 

3.  But  no  person  constitutionally  ineligible  to  the  office  of    President  shall 
be  eligible  to  that  of  Vice  President  of  the  United  States. 


FUGITIVE  SLAVE  LAW  OF  1793. 

SECOND  CONGRESS.— SESSION  2,  CHAPTER.  7,  1793. 

STATUTE  2,  FEBRUARY   12,  1793. 

CHAP.  VII. — AN   ACT  respecting    fugitives    from    justice,   and   persons 

escaping  from  the  service  of  their  masters. 

SEC.  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  whenever  the  execu 
tive  authority  of  any  state  in  the  Union,  or  of  either  of  the  territories,  north 
west  or  south  of  the  river  Ohio,  shall  demand  any  person,  as  a  fugitive  from 
justice,  of  the  executive  authority  of  any  such  state  or  territory  to  which  such 
person  shall  have  fled,  and  shall,  moreover,  produce  the  copy  of  an  indict 
ment  found,  or  an  affidavit  made  before  a  magistrate  of  any  state  or  territory 
as  aforesaid,  charging  the  person  so  demanded  with  having  committed  treason, 
felony,  or  other  crime,  certified  as  authentic  by  the  governor  or  chief  magis 
trate  of  the  state  or  territory  from  whence  the  person  so  charged  fled,  it  shall 
be  the  duty  of  the  executive  authority  of  the  state  or  territory  to  which  such 
person  shall  have  fled,  to  cause  him  or  her  to  be  arrested  and  secured,  and 
notice  of  the  arrest  to  be  given  to  the  executive  authority  making  such  de 
mand,  or  to  the  agent  of  such  authority  appointed  to  receive  the  fugitive,  and 
to  cause  the  fugitive  to  be  delivered  to  such  agent  when  he  shall  appear. — 
But  if  no  such  agent  shall  appear  within  six  months  from  the  time  of  the  ar 
rest,  the  prisoner  may  be  discharged.  And  all  costs  or  expenses  incurred  in 
the  apprehending,  securing,  and  transmitting  such  fugitive  to  the  state  or  ter 
ritory  making  such  demand,  shall  be  paid  by  such  state  or  territory. 

SEC.  2.  And  be  it  further  enacted,  That  any  agent  appointed  as  aforesaid, 
who  shall  receive  the  fugitive  into  his  custory,  shall  be  empowered  to  transport 
him  or  her  to  the  state  or  territory  from  which  he  or  she  shall  have  fled.  And, 
if  any  person  or  persons  shall  by  force  set  at  liberty,  or  rescue  the  fugitive  from 
such  agent  while  transporting  as  aforesaid,  the  person  or  persons  so  offending, 
shall,  on  conviction,  be  fined  not  exceeding  five  hundred  dollars,  and  be  im 
prisoned  not  exceeding  one  year. 


NEBRASKA   AND    KANSAS.  17 

SEC.  3.  And  be  it  also  enacted,  That  when  a  person  held  to  labor  in  any 
of  the  United  States,  or  in  either  of  the  territories  on  the  northwest  or  south 
of  the  river  Ohio,  under  the  laws  thereof,  shall  escape  into  any  other  of  the 
said  states  or  territory,  the  person  to  whom  such  labor  or  service  may  be  due, 
his  agent  or  attorney  is  hereby  empowered  to  seize  or  arrest  such  fugitive  from 
labor,  and  to  take  him  or  her  before  any  judge  of  the  Circuit  or  District 
Courts  of  the  United  States,  residing  or  being  within  the  state,  or  before  any 
magistrate  of  a  county,  city  or  town  corporate,  wherein  such  seizure  or  arrest 
shall  be  made,  and  upon  proof  to  the  satisfaction  of  such  judge  or  magistrate, 
either  by  oral  testimony  or  affidavit  taken  before,  and  certified  by,  a  magistrate 
of  any  such  state  or  territory,  that  the  person  so  seized  or  arrested,  doth,  under 
the  laws  of  the  state  or  territory  from  which  he  or  she  fled,  owe  services  or 
labor  to  the  person  claiming  him  or  her,  it  shall  be  the  duty  of  such  judge  or 
magistrate  to  give  a  certificate  thereof  to  such  claimant,  his  agent  or  attorney 
which  shall  be  sufficient  warrant  for  removing  the  said  fugitive  from  labor,  to 
the  state  or  territory  from  which  he  or  she  fled. 

SEC.  4.  And  be  it  further  enacted,  That  any  person  who  shall  knowing 
ly  and  willingly  obstruct  or  hinder  such  claimant,  his  agent  or  attorney,  in  so 
seizing  or  arresting  such  fugitive  from  labor,  or  shall  rescue  such  fugitive  from 
such  claimant,  his  agent  or  attorney,  when  so  arrested  pursuant  to  the  authority 
herein  given  or  declared ;  or  shall  harbor  or  conceal  such  person  after  notice 
that  he  or  she  was  a  fugitive  from  labor  as  aforesaid,  shall,  for  either  of  the 
said  offences,  forfeit  and  pay  the  sum  of  five  hundred  dollars.  Which  penal 
ty  may  be  recovered  by  and  for  the  benefit  of  such  claimant,  by  action  of 
debt,  in  any  court  proper  to  try  the  same ;  saving,  moreover,  to  the  person 
claiming  such  labor  or  service,  his  right  of  action  for  or  on  account  of  the  said 
injuries,  or  either  of  them. 

Approved  February  12,  1793. 


MISSOURI  COMPROMISE. 
SIXTEENTH   CONGRESS.— SESS.  1,  CHAP.  22,  1820. 

STATUTE  1,  MARCH  6,  1820 

CHAP.  XXII. — AN  ACT  to  authorize  the  people  of  the  Missouri  territory 
to  form  a  Constitution  and  State  Government,  and  for  the  admission  of  such 
State  into  the  Union  on  an  equal  footing  with  the  original  States,  and  to 
prohibit  slavery  in  certain  territories. 

(All  the  previous  sections  of  this  Act  relate  entirely  to  the  formation  of  the 
Missouri  Territory  in  the  usual  form  of  territorial  bills — the  8th  section 
only  relating  to  the  slavery  question.) 

SEC  .  VIII.  And  be  it  further  enacted,  That  in  all  that  territory  ceded  by 
France  to  the  United  States,  under  the  name  of  Louisiana,  which  lies  north 
of  thirty-six  degrees,  and  thirty  minutes  north  latitude,  not  included  within 
the  limits  of  the  state  contemplated  by  their  act,  slavery  and  involuntary  servi 
tude,  otherwise  than  in  the  punishment  of  crimes,  whereof  the  parties  shall 
have  been  duly  convicted,  shall  be,  and  is  hereby,  forever  prohibited.  Pro 
vided  always  that  any  person  escaping  into  the  same,  from  whom  labor  or 
service  is  lawfully  claimed,  in  any  state  or  territory  of  the  United  States,  such 
fugitire  may  be  lawfully  reclaimed  and  conveyed  to  the  person  claiming  his 
or  her  labor  or  service  as  aforesaid. 
Approved  March  6,  1820. 


FUGITIVE  SLAVE  LAW  OF  1850. 
THIRTY-FIRST  CONGRESS— SESS.  I,  CHAP.  60,  1850. 

SEPT.  18,  1850. 

CHAP.  LX.  —  AN  ACT  to  amend,  and  supplementary  to,  the  Act  entitled, 
"  An  Act  respecting  Fugitives  from  Justice,  and  Persons  escaping  from, 
the  Service  of  their  Masters,"  approved  February  twelfth,  one  thousand 
seven  hundred  and  ninety-three. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  congress  assembled,  That  the  persons  who  have  been,  or 
may  hereafter  be,  appointed  Commissioners,  in  Virtue  of  any  Act  of  Con 
gress,  by  the  Circuit  Courts  of  the  United  States,  and  who,  in  consequence 
of  such  appointment,  are  authorized  to  exercise  the  powers  that  any  justice 
of  the  peace,  or  other  magistrate  of  any  of  the  United  States,  may  exercise 
in  respect  to  offenders  for  any  crime  or  offence  against  the  United  States,  by 
arresting,  imprisoning,  or  bailing  the  same  under  and  by  virtue  of  the  thirty- 
third  section  of  the  act  of  the  twenty-fourth  of  September,  seventeen  hun 
dred  and  eighty-nine,  entitled  "  An  Act  to  establish  the  judicial  courts  of  the 
United  States,"  shall  be,  and  are  hereby,  authorized  and  required  to  exercise 
and  discharge  all  the  powers  and  duties  conferred  by  this  act. 

SEC.  2.  And  be  it  further  enacted,  That  the  Superior  Court  of  each  or 
ganized  Territory  of  the  United  States  shall  have  the  same  power  to  appoint 
commissioners  to  take  acknowledgments  of  bail  and  affidavits,  and  to  take 
depositions  of  witnesses  in  civil  causes,  which  is  now  possessed  by  the  Circuit 
Court  of  the  United  States;  and  all  commissioners  who  shall  hereafter  be 
appointed  for  such  purposes  by  the  Superior  Court  of  any  organized  Terri 
tory  of  the  United  States,  shall  possess  all  the  powers,  and  exercise  all  the 
duties,  conferred  by  law  upon  the  commissioners  appointed  by  the  Circuit 
Courts  of  the  United  States  for  similar  purposes,  and  shall  moreover  exercise 
and  discharge  all  the  powers  and  duties  conferred  by  this  act. 

SEC.  3.  And  be  it  further  enacted,  That  the  Circuit  Courts  of  the  Uni 
ted  States,  and  the  Superior  Courts  of  each  organized  Territory  of  the  Uni- 


20  FUGITIVE    SLAVE    LAW. 

ted  States,  shall  from  time  to  time  enlarge  the  number  of  Commissioners 
with  a  view  to  afford  reasonable  facilities  to  reclaim  fugitives  from  labor,  and 
to  the  prompt  discharge  of  the  duties  imposed  by  this  Act. 

SEC.  4.  And  be  it  further  enacted,  That  the  Commissioners  above  named 
.shall  have  concurrent  jurisdiction  with  the  judges  of  the  Curcuit  and  District 
Courts  of  the  United  States,  in  their  respective  circuits  and  districts  within 
the  several  States,  and  the  judges  of  the  Superior  Courts  of  the  Territories 
severally  and  collectively,  in  term-time  and  vacation ;  and  shall  grant  certifi 
cates  to  such  claimants  upon  satisfactory  proof  being  made,  with  authority  t'> 
take  and  remove  such  fugitives  from  service  or  labor,  under  the  restrictions 
herein  contained,  to  the  State  or  Territory  from  which  such  persons  may  have 
escaped  or  fled. 

SRC.  5.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  all  mar 
shals  and  deputy  marshals  to  obey  and  execute  all  warrants  and  precepts 
issued  under  the  provisions  of  this  act,  when  to  them  directed ;  and  should 
any  marshal  or  deputy  marshal  refuse  to  receive  such  warrant,  or  other  process, 
when  tendered,  or  to  use  all  proper  means  diligently  to  execute  the  same,  he 
shall,  on  conviction  thereof,  be  fined  in  the  sum  of  one  thousand  dollars,  to 
the  use  of  sucli  claimant,  on  the  motion  of  such  claimant,  by  the  Circuit  or 
District  Court  for  the  district  of  such  marshal;  and  after  arrest  of  such  fugi- 
live,  by  such  marshal  or  his  deputy,  or  whilst  at  any  time  in  his  custody,  under 
the  provisions  of  this  act,  should  such  fugitive  escape,  whether  with  or  without  the 
assent  of  such  marshal  or  his  deputy,  such  marshal  shall  be  li.ible,  on  his  official 
bond,  to  be  prosecuted  for  the  benefit  of  such  claimant,  for  the  full  value  of  the 
service  or  labor  of  said  fugitive  in  the  State,  Territory,  or  District  whence  he  es- 
scaped;  and  the  better  to  enable  said  commissioners,  when  thus  appointed,  to  ex. 
eaute  their  duties  faithfully  and  efficiently,  in  conformity  with  the  requirements  of 
the  Constitution  of  the  United  States,  and  of  this  act,  they  are  hereby  au 
thorized  and  empowered,  within  their  counties  respectively,  to  appoint,  in  wri 
ting  under  their  hands,  any  one  or  more  suitable  persons,  from  time  to  time, 
to  execute  all  such  warrants  and  other  process  as  may  be  issued  by  them  in 
the  lawful  performance  of  their  respective  duties;  with  authority  to  such  com 
missioners,  or  the  persons  to  be  appointed  by  them,  to  execute  process  as  afore 
said,  to  summon  and  call  to  their  aid  the  bystanders,  or  posse  comitatus  of 
the  proper  county,  when  necessary  to  insure  a  faithful  observance  of  the  clause 
of  the  Constitution  referred  to,  in  conformity  with  the  provisions  of  this  act; 
and  all  good  citizens  are  hereby  commanded  to  aid  and  assist Jn  the  prompt 
and  efficient  execution  of  this  law,  whenever  their  services  may  be  required, 
as  aforesaid,  for  that  purpose ;  and  said  warrants  shall  run,  and  be  executed 
by  said  officers,  anywhere  in  the  State  within  which  they  are  issued. 


FUGITIVE    SLAVE    LAW. 


21 


SEC.  6,  And  be  it  further  enacted,  That  when  a  person  held  to  Service  or 
labor  in  any  State  or  Territory  of  the  United  States,  has  heretofore  or 
shall  hereafter  escape  into  another  State  or  Territory  of  the  United 
States,  the  person  or  persons  to  whom  such  service  or  labor  may  be 
due,  or  his,  her,  or  their  agent  or  attorney,  duly  authorized  by 
power  of  attorney,  in  writing  acknowledged  and  certified  tinder  the  seal  of 
some  legal  officer  or  Court  of  the  State  or  Territory  in  which  the  same  may 
be  executed,  may  pursue  and  reclaim  such  fugitive  person,  either  by  procuring 
a  warrant  from  some  one  of  the  Courts,  judges,  or  commissioners  aforesaid, 
of  the  proper  circuit,  district,  or  county,  for  the  apprehension  of  such  fugitive 
from  service  or  labor,  or  by  seizing  and  arresting  such  fugitive  where  the  same 
can  be  clone  without  process,  and  by  taking,  or  causing  such  person  to  be  taken 
forthwith  before  such  Court,  Judge  or  Commissioner,  whose  duty  it  shall  be, 
to  hear  and  determine  the  case  of  such  claimant  in  a  summary  manner ;  and 
upon  satisfactory  proof  being  made,  by  deposition  or  affidavit,  in  writing,  to 
be  taken,  and  certified  by  such  Conrt,  Judge,  or  Commissioner,  or  by  other 
satisfactory  testimony,  duly  taken  and  certified  by  some  Court,  Magistrate, 
Justice  of  the  Peace,  or  other  legal  officer  authorized  to  administer  an  oath 
and  take  depositions  under  the  laws  of  the  State  or  Territory  from  which  such 
person  owing  service  or  labor  may  have  escaped,  with  a  certificate  of  such 
magistracy,  or  other  authority  as  aforesaid,  with  the  seal  of  the  proper  Court 
or  officer  thereto  attached,  which  seal  shall  be  sufficient  to  establish  the  com. 
potency  of  the  proof,  and  with  proof,  also  by  affidavit,  of  the  identity  of  the 
person  whose  service  or  labor  is  claimed  to  be  due  as  aforesaid,  that  the  per 
son  so  arrested  does  in  fact  owe  service  or  labor  to  the  person  or  persons 
claiming  him  or  her,  in  the  State  or  Territory  from  which  such  fugitive  may 
have  escaped  as  aforesaid,  and  that  said  person  escaped,  to  make  out  and  de 
liver  to  such  claimant,  his  or  her  agent  or  attorney,  a  certificate  setting  forth 
the  substantial  facts  as  to  the  service  or  labor  due  from  such  fugitive  to  the 
claimant,  and  of  his  or  her  escape  from  the  State  or  Territory  in  which  such 
service  or  labor  was  due  to  the  State  or  Territory  ia  which  he  or  she  was  ar 
rested,  with  authority  to  such  claimant,  or  his,  or  her  agent,  or  attorney,  to 
use  such  reasonable  force  and  restraint  as  may  be  necessary,  under  the  circum 
stances  of  the  case,  to  take  and  remove  such  fugitive  person  back  to  the  State 
or  Territory  whence  he  or  she  may  have  escaped  as  aforesaid.  In  no  trial 
or  hearing  under  this  Act  shall  the  testimony  of  such  alleged  fugitive  be  ad 
mitted  in  evidence ;  and  the  certificates  in  this  and  the  first  (fourth)  section 
mentioned,  shall  be  conclusive  of  the  right  of  the  person  or  persons  in  whose 
favor  granted,  to  remove  such  fugitive  to  the  State  or  Territory  from  which 
ho  eacaped,  and  shall  prevent  all  molestation  of  such  person  or  persons  b^ 


22  FUGITIVE    SLAVE    LAW. 

any  process  issued  by  any  Court,  Judge,  Magistrate  or   other  person  whom 
soever. 

SEC.  V.  And  be  it  further  enacted,  That  any  person  who  shall  knowingly 
and  willingly  obstruct,  hinder,  or  prevent  such  claimant,  his  agent  or  attorney, 
or  any  person  or  persons  lawfully  assisting  him,  her  or  them,  from  arresting 
such  a  fugitive  from  service  or  labor,  either  with  or  without  process  as  afore 
said,  or  shall  rescue  or  attempt  to  rescue  such  fugitive  from  service  or  labor' 
from  the  custody  of  such  claimant,  his,  or  her  agent,  or  attorney,  or  other  per. 
son  or  pereons  lawfully  assisting  as  aforesaid,  when  so  arrested  pursuant  to  the 
authority  herein  given,  and  declared,  or  shall  aid,  abet,  or  assist  such  person  so 
owing  service  or  labor  as  aforesaid,  directly  or  indirectly,  to  escape  from  such 
claimant,  his  agent  or  attorney,  or  other  person  or  persons  legally  authorized 
as  aforesaid ;  or  shall  harbor  or  conceal  such  fugitive  so  as  to  prevent  the  dis 
covery  and  arrest  of  such  person,  after  notice  or  knowledge  of  the  fact  that 
such  pei-son  was  a  fugitive  from  service  or  labor  as  aforesaid,  shall,  for  either 
of  said  offences,  be  subject  to  a  fine  not  exceeding  one  thousand  dollars,  and 
imprisonment  not  exceeding  six  months,  by  indictment  and  conviction  before 
the  District  Court  of  the  United  States,  for  the  district  in  which  such  offence 
may  have  been  committed,  or  before  the  proper  Court  of  Criminal  jurisdic 
tion,  if  committed  within  any  one  of  the  organized  territories  of  the  United 
States,  and  shall  moreover  forfeit  and  pay,  by  way  of  civil  damages  to  the 
party  injured  by  such  illegal  conduct,  the  sum  of  One  thousand  dollars,  for 
each  fugitive  so  lost  as  aforesaid,  to  be  recovered  by  action  of  debt  in  any  of 
the  District  or  Territorial  Courts  aforesaid,  within  whose  jurisdiction  the  said 
offence  may  have  been  committed. 

SEC.  8.  And  be  it  further  enacted,  That  the  Marshals,  their  deputies,  and 
the  clerks  of  the  said  District  and  Territorial  Courts,  shall  be  paid  for  their 
services  the  like  fees  as  may  be  allowed  to  them  for  similar  services  in  other 
cases;  and  where  such  services  are  rendered  exclusively  in  the  arrest,  custody, 
and  delivery  of  the  fugitive  to  the  claimant,  his  or  her  agent  or  attorney,  or 
where  such  supposed  fugitive  may  be  discharged  out  of  custody  for  the  want 
of  sufficient  proof  as  aforesaid,  then  such  fees  are  to  be  paid  in  the  whole  by 
euch  claimant,  his  agent  or  attorney;  and  in  all  cases  where  the  proceedings 
are  before  a  Commissioner,  he  shall  be  entitled  to  a  fee  of  Ten  dollars  in  full 
for  his  services  in  each  case,  upon  the  delivery  of  the  eaid  certificate  to  the 
claimant,  his  or  her  agent  or  attorney;  or  a  fee  of  five  dollars  in  cases  where 
the  proof  shall  not,  in  the  opinion  of  such  Commissioner,  warrant  such  certifi 
cate  and  delivery,  inclusive  of  all  services  incident  to  such  arrest  and  exami 
nation  to  be  paid  in  either  case,  by  the  claimant,  his  or  her  agent,  or  attorney. 


FUGITIVE    SLAVE    LAW."  23 

The  person  or  persons  authorized  to  execute  the  process  to  be  issued  by  such 
Commissioner  for  the  arrest  and  detention  of  fugitives  from  service  or  labor  as 
aforesaid,  shall  also  be  entitled  to  a  fee  of  five  dollars  each,  for  each  person 
he  or  they  may  arrest  and  take  before  any  such  Commissioner,  as  aforesaid, 
at  the  instance  and  request  of  such  claimant,  with  such  other  fees  as  may  be 
deemed  reasonable  by  such  Commissioners  for  such  other  additional  services 
as  may  be  nece'ssarily  performed  by  him  or  them ;  such  as  attending  at  the 
examination,  keeping  the  fugitive  in  custody,  and  providing  him  with  food 
and  lodging  during  his  detention  and  until  the  final  determination  of  such 
Commissioner ;  and,  in  general,  for  performing  such  other  duties  as  may  be 
required  by  such  claimant,  his  or  her  attorney,  or  agent,  or  Commissioner  in 
the  premises.  Such  fees  to  be  made  up  in  conformity  with  the  fees  usually 
charged  by  the  officei-s  of  the  courts  of  justice  within  the  proper  district  or 
county,  as  near  as  may  be  practicable,  and  paid  by  such  claimants,  their  agents 
or  attorneys,  whether  such  supposed  fugitives  from  service  or  labor  be  ordered 
to  be  delivered  to  such  claimants  by  the  final  determination  of  such  Commis 
sioner  or  not. 

SEC.  9.  And  be  it  further  enacted,  That,  upon  affidavit  made  by  the 
claimant  of  such  fugitive,  his  agent  or  attorney,  after  such  certificate  has  been 
issued  that  he  has  reason  to  apprehend  that  such  fugitive  will  be  rescued  by 
force  from  his  or  her  possession  before  he  can  be  taken  beyond  the  limits  of 
the  State  in  which  the  arrest  is  made,^it  shall  be  the  duty  of  the  officer  ma 
king  the  arrest  to  retain  such  fugitive  in  his  custody,  and  to  remove  him  to 
the  State  whence  he  fled,  and  there  to  deliver  him  to  said  claimant,  his  agent 
or  attorney.  And  to  this  end,  the  officer  aforesaid  is  hereby  authorized  and 
required  to  employ  so  many  persons  as  he  may  deem  necessary  to  oveicomo 
such  force,  and  to  retain  them  in  his  service  so  long  as  circumstances  may  re 
quire.  The  said  officer  and  his  assistants  while  so  employed  to  receive  tho 
same  compensation,  and  to  be  allowed  the  same  expenses  as  are  now  allowed 
by  law  lor  transportation  of  criminals,  to  be  certified  by  the  judge  of  the 
district  within  which  the  arrest  is  made,  and  paid  out  of  the  treasury  of  the 
United  States. 

SEC.  10.  And  be  it  further  enacted,  That  when  any  person  held  to  ser 
vice  or  labor  in  any  State  or  Territory,  or  in  the  District  of  Columbia,  shall 
escape  therefrom,  the  party  to  whom  such  service  or  labor  may  be  due,  his 
her,  or  their  agent  or  attorney,  may  apply  to  any  court  of  record  therein,  01 
judge  thereof  in  vacation,  and  make  satisfactory  proof  to  such  court,  or  judge 
in  vacation,  of  the  escape  aforesaid,  and  that  the  person  escaping  owed  service 
or  labor  to  such  party.  Whereupon  the  court  shall  cause  a  record  to  be  mado 


24  FUGITIVE    SLAVE    LAW. 

of  the  matters  so  proved,  and  alsD  a  general  description  of  the  person  so  esca 
ping  with  such  convenient  certainty  as  may  be ;  and  a  transcript  of  such  re 
cord  authenticated  by  the  attestation  of  the  clerk  and  of  the  seal  of  the  said 
court,  being  produced  in  any  other  State,  Territory  or  district  in  which  the 
person  so  escaping  may  be  found,  and  being  exhibited  to  any  judge,  commis 
sioner,  or  other  officer  authorized  by  the  law  of  the  United  States  to  cause 
persons  escaping  from  service  or  labor  to  be  delivered  up,  shall  be  held  an  .1 
taken  to  be  full  and  conclusive  evidence  of  the  fact  of  the  escape,  and  tluij, 
the  service  or  labor  of  the  person  escaping  is  due  to  the  party  in  such  recor  ' 
mentioned.  And  upon  the  production  by  the  said  party  of  other  and  further 
evidence  if  necessary,  either  oral  or  by  affidavit,  in  addition  to  what  is  con 
tained  in  the  said  record  of  the  identity  of  the  person  escaping,  he  or  she 
shall  be  delivered  up  to  the  claimant.  And  the  said  court,  commissioner, 
judge,  or  other  person  authorized  by  this  act  to  grant  certificates  to  claimants 
of  fugitives,  shall,  upon  the  production  of  the  record  and  other  evidences 
aforesaid,  grant  to  such  claimant  a  certificate  of  his  right  to  take  any  such 
person  identified  and  proved  to  be  owing  service  or  labor  as  aforesaid,  which 
shall  authorize  such  claimant  to  seize  or  arrest  and  transport  such  person  to 
*he  State  or  Territory  from  which  he  escaped :  Provided,  That  nothing  herein 
.-untamed  shall  be  construed  as  requiring  the  production  of  a  transcript  of 
aich  record  as  evidence  as  aforesaid.  But  in  its  absence  the  claim  shall  be 
heard  and  determined  upon  other  satisfactory  proofs,  competent  in  law. 
Approved  September  18,  1850. 


A  BILL 

TO  ORGANIZE   THE   TERRITORIES   OF    NEBRASKA    AND   KANSAS. 

Strike  out  all  after  the  enacting  clause,  and  insert : 

That  all  that  part  of  the  territory  of  the  United  States  included  within  the 
following  limits,  except  such  portions  thereof  as  are  hereinafter  expressly  ex 
empted  from  the  operations  of  this  act,  to  wit :  beginnirg  at  a  point  in  the 
Missouri  river  where  the  fortieth  parallel  of  north  latitude  crosses  the  same : 
thence  west  on  said  parallel  to  the  east  boundary  of  the  territory  of  Utab 
on  the  summit  of  the  Rocky  Mountains;  thence  on  said  summit  northward* 
to  the  forty-ninth  parallel  of  north  latitude ;  thence  east  on  said  parallel  to 
the  western  boundary  of  the  Territory  of  Minnesota ;  thence  southward  on 
said  boundary  to  the  Missouri  river ;  thence  down  the  main  channel  of  said 
river  to  the  place  of  beginning,  be,  and  the  same  is  hereby,  created  into  a  tem 
porary  government  by  the  name  of  the  Territory  of  Nebraska ;  and  when  ad 
mitted  as  a  state  or  states,  the  said  territory,  or  any  portion  of  the  same,  shall 
be  received  into  the  Union  with  or  without  slavery,  as  their  constitution  may 
prescribe  at  the  time  of  their  admission :  Provided,  That  nothing  in  this  act 
contained  shall  be  construed  to  inhibit  the  government  of  the  United  States 
from  dividing  said  territory  into  two  or  more  territories,  in  such  manner  and 
and  at  such  times  as  Congress  shall  deem  convenient  and  proper,  or  from  at 
taching  any  portion  of  said  territory  to  any  other  state  or  territory  of  the 
United  States:  Provided  further,  That  nothing  in  this  act  contained  shall 
be  construed  to  impair  the  rights  of  person  or  property  now  pertaining  to  the 
Indians  in  said  territory,  so  long  as  such  rights  shall  remain  unextinguished 
by  treaty  between  the  United  States  and  such  Indians,  or  to  include  any  ter 
ritory  which,  by  treaty  with  any  Indian  tribe,  is  not,  without  the  consent  of 
said  tribe,  to  be  included  within  the  territorial  limits  or  jurisdiction  of  any 
state  or  territory ;  but  all  such  territory  shall  be  excepted  out  of  the  bounda 
ries,  and  constitute  no  part  of  the  territory  of  Nebraska,  until  said  tribe  shall 
signify  their  assent  to  the  President  of  the  United  States  to  be  included  with 
in  the  said  territory  of  Nebraska,  or  to  affect  the  authority  of  the  government 


26  NEBRASKA   AND    KANSAS. 

of  the  United  States  to  make  any  regulations  respecting  such  Indians,  their 
lands,  property  or  other  rights,  by  treaty,  'law,  or  otherwise,  which  it  would 
have  been  competent  to  the  government  to  make  if  this  act  had  never 
passed, 

SEC.  2.  And  be  it  further  enacted,  That  the  executive  power  and  authority 
in  and  over  said  territory  of  Nebraska  shall  be  vested  in  a  governor,  who 
shall  hold  his  office  for  four  years,  and  until  his  successor  shall  be  appointed 
and  qualified,  unless  sooner  removed  by  the  President  of  the  United  States. 
The  governor  shall  reside  within  said  territory,  and  shall  be  commander-in- 
chief  of  the  militia  thereof.  He  may  grant  pardons  and  respites  for  offences 
against  the  laws  of  said  territory,  and  reprieves  for  offences  against  the  laws 
of  the  United  States,  until  the  decision  of  the  President  can  be  made  known 
thereon ;  he  shall  commission  all  officers  who  shall  be  appointed  to  office  under 
the  laws  of  the  said  territory,  and  shall  take  care  that  the  laws  be  faithfully 
executed. 

SEC.  3.  And  be  it  further  enacted,  That  there  shall  be  a  secretary  of  said 
territory,  who  shall  reside  therein,  and  hold  his  office  for  five  years,  unless 
sooner  removed  by  the  President  of  the  United  States ;  he  shall  record  and 
preserve  all  the  laws  and  proceedings  of  the  legislative  assembly  hereinafter 
constituted,  and  all  the  acts  and  jft-oceedings  of  the  governor  in  his  executive 
department ;  he  shall  transmit  one  copy  of  the  laws  and  journals  of  the  leg 
islative  assembly  within  thirty  days  after  the  end  of  each  session,  and  one 
copy  of  the  executive  proceedings  and  official  correspondence  semi-annually 
on  the  first  days  of  January  and  July  in  each  year,  to  the  President  of  the 
United  States,  and  two  copies  of  the  laws  to  the  President  of  the  Senate  and 
to  the  Speaker  of  the  House  of  Representatives,  to  be  deposited  in  the  libra 
ries  of  Congress ;  and,  in  case  of  the  death,  removal,  resignation,  or  absence 
of  the  governor  from  the  territory,  the  secretary  shall  be,  and  he  is  herebyi 
authorized  and  required  to  execute  and  perform  all  the  powers  and  duties  of 
the  governor  during  such  vacancy  or  absence,  or  until  another  governor  shall 
be  duly  appointed  and  qualified  to  fill  such  vacancy. 

SEC.  4.  And  be  it  further  enacted,  That  the  legislative  power  and  author 
ity  of  said  territory  shall  be  vested  in  the  governor  and  a  legislative  assembly. 
The  legislative  assembly  shall  consist  of  a  council  and  house  of  representa 
tives.  The  council  shall  consist  of  thirteen  members,  having  the  qualifications 
of  voters,  as  hereinafter  prescribed,  whose  term  of  service  shall  continue  two 
years.  The  house  of  representatives  shall,  at  its  first  session,  consist  of  twen 
ty-six  members,  possessing  the  same  qualifications  as  prescribed  for  members 


NEBRASKA    AND    KANSAS.  27 

of  the  council,  and  whose  term  of  service  shall  continue  one  year.  The  num 
ber  of  representatives  may  be  increased  by  the  legislative  assembly,  from  time 
to  time,  in  proportion  to  the  increase  of  qualified  voters :  Provided,  That  the 
whole  number  shall  never  exceed  thirty-nine;  an  apportionment  shall  be  made 
as  nearly  equal  as  practicable,  among  the  several  counties  or  districts,  for  the 
election  of  the  council  and  representatives,  giving  to  each  section  of  the  ter 
ritory  representation  in  the  ratio  of  its  qualified  voters  as  nearly  as  may  be. — 
And  the  members  of  the  council  and  of  the  house  of  representatives  shall  re 
side  in,  and  be  inhabitants  of,  the  district  or  county,  or  counties,  for  which 
they  may  be  elected,  respectively.  Previous  to  the  first  election,  the  governor 
shall  cause  a  census,  or  enumeration  of  the  inhabitants  and  qualified  voters  of 
the  several  counties  and  districts  of  the  territory,  to  be  taken  by  such  per 
sons  and  in  such  mode  as  the  governor  shall  designate  and  appoint;  and  the 
persons  so  appointed  shall  receive  a  reasonable  compensation  therefor.  And 
the  first  election  shall  be  held  at  such  time  and  places,  and  be  conducted  in  such 
manner,  both  as  to  the  persons  who  shall  superintend  such  election  and  the 
returns  thereof,  as  the  governor  shall  appoint  and  direct ;  and  he  shall  at  the 
same  time  declare  the  number  of  members  of  the  council  and  house  of  rep 
resentatives  to  which  each  of  the  counties  or  districts  shall  be  entitled  under 
this  act.  The  persons  having  the  highest  number  of  legal  votes  in  each  of 
said  council  districts  for  membere  of  the  council,  shall  be  declared  by  the  gov 
ernor  to  be  duly  elected  to  the  council ;  and  the  persons  having  the  highest 
number  of  legal  votes  for  the  house  of  representatives,  shall  be  declared  by 
the  governor  to  be  duly  elected  members  of  said  house:  Provided,  That  in 
case  two  or  more  persons  voted  for  shall  have  an  equal  number  of  votes,  and 
in  case  a  vacancy  shall  otherwise  occur  in  either  branch  of  the  legislative  as 
sembly,  the  governor  shall  order  a  new  election;  and  the  persons  thus  elejt- 
ed  to  the  legislative  assembly  shall  meet  at  stich  place  and  on  such  day  as  the 
governor  shall  appoint ;  but  thereafter,  the  time,  place,  and  manner  of  holding 
and  conducting  all  elections  by  the  people,  and  the  apportioning  the  representa 
tion  in  the  several  counties  or  districts  to  the  council  and  house  of  representa 
tives,  according  to  the  number  of  qualified  voters,  shall  be  prescribed  by  law 
as  well  as  the  day  of  the  commencement  of  the  regular  sessions  of  the  legis 
lative  assembly:  Provided,  That  no  session  in  any  one  year  shall  exceed  the 
term  of  forty  days,  except  the  first  session,  which  may  continue  sixty  days. 

SEC.  5.'  And  be  it  further  enacted,  That  every  free  white  male  inhabitant 
above  the  age  of  twenty-one  years  who  shall  be  an  actual  resident  of  said 
territory,  and  shall  possess  the  qualifications  hereinafter  prescribed,  shall  be 
entitled  to  vote  at  the  first  election,  and  shall  be  eligible  to  any  office  within 


28  NEBRASKA   AND   KANSAS. 

the  said  territory ;  but  the  qualifications  of  voters,  and  of  holding  office,  at 
all  subsequent  elections,  shall  be  such  as  shall  be  prescribed  by  the  legislative 
assembly :  Provided,  That  the  right  of  suffrage  and  of  holding  office  shall 
be  exercised  only  by  citizens  of  the  United  States  and  those  who  shall  have 
declared  on  oath  their  intention  to  become  such,  and  shall  have  taken  an  oath 
to  support  the  Constitution  of  the  United  States  and  the  provisions  of  this 
act :  And  provided  further,  That  no  officer,  soldier,  seaman  or  marine,  or 
other  person  in  the  army  or  navy  of  the  United  States,  or  attached  to  troops 
in  the  service  of  the  United  States,  shall  be  allowed  to  vote  or  hold  office 
in  said  territory,  by  reason  of  being  on  service  therein. 

SEC.  6.  And  be  it  further  enacted,  That  the  legislative  power  of  the  ter 
ritory  shall  extend  to  all  rightful  subjects  of  legislation  consistent  with  the 
Constitution  of  the  United  States  and  the  provisions  of  this  act;  but  no  law 
shall  be  passed  interfering  with  the  primary  disposal  of  the  soil ;  no  tax  shall 
be  imposed  upon  the  property  of  the  United  States ;  nor  shall  the  lands  or 
other  property  of  non-residents  be  taxed  higher  than  the  lands  or  other  prop 
erty  of  residents.  Every  bill  which  shall  have  passed  the  council  and  house 
of  representatives  of  the  said  territory  shall,  before  it  become  a  law,  be  pre 
sented  to  the  governor  of  the  territory ;  if  he  approve,  he  shall  sign  it ;  but 
if  not,  he  shall  return  it  with  his  objections  to  the  house  in  which  it  origina 
ted,  who  shall  enter  the  objections  at  large  on  their  journal,  and  proceed  to 
reconsider  it.  If,  after  such  reconsideration,  two-thirds  of  that  house  shall 
agree  to  pass  the  billet  shall  be  sent,  together  with  the  objections,  to  the 
other  house,  by  which  it  shall  likewise  be  reconsidered,  and  if  approved  by 
two-thirds  of  that  house,  it  shall  become  a  law.  But  in  all  such  cases  the 
votes  of  both  houses  shall  be  determined  by  yeas  and  nays,  to  be  entered  on 
the  journal  of  each  house  respectively.  If  any  bill  shall  not  be  returned  by 
the  governor  within  three  days  (Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  the  same  shall  be  a  law  in  like  manner  as  if  he  had  signed 
it,  unless  the  assembly,  by  adjournment,  prevent  its  return,  in  which  case  it 
shall  not  be  a  law. 

SEC.  V.  And  be  it  further  enacted,  That  all  township,  district,  and  county 
officers,  not  herein  otherwise  provided  for,  shall  be  appointed  or  elected,  as 
the  case  may  be,  in  such  manner  as  shall  be  provided  by  the  governor  and 
legislative  assembly  of  the  territory  of  Nebraska.  The  governor  shall  nomi 
nate,  and,  by  and  with  the  advice  and  consent  of  the  legislative  council,  ap 
point  all  officers  not  herein  otherwise  provided  for;  and  in  the  first  instance 
the  governor  alone  may  appoint  all  said  officers,  who  shall  hold  their  offices 


NEBRASKA    AND    KANSAS.  29 

until  the  end  of  the  first  session  of  the  legislative  assembly ;  and  shall  lay 
off  the  necessaary  districts  for  members  of  the  council  and  house  of  representa 
tives,  and  all  other  officers. 

SEC.  8.  And  be  it  further  enacted,  That  no  member  of  the  legislative  as 
sembly  shall  hold,  or  be  appointed  to,  any  office  which  shall  have  been  created 
or  the  salary  or  emoluments  of  which  shall  have  been  increased,  while  he 
was  a  member,  during  the  term  for  which  he  was  elected,  and  for  one  year 
after  the  expiration  of  such  term;  but  this  restriction  shall  not  be  applicable 
to  members  of  the  first  legislative  assembly ;  and  no  person  holding  a  com 
mission  or  appointment  under  the  United  States,  except  postmasters,  shall  be 
a  member  of  the  legislative  assembly,  or  shall  hold  any  office  under  the  gov 
ernment  of  said  territory. 

SEC.  9.  And  be  it  further  enacted,  That  the  judicial  power  of  said  territo 
ry  shall  be  vested  in  a  supreme  court,  district  courts,  probate  courts,  and  in 
justices  of  the  peace.  The  supreme  court  shall  consist  of  a  chief  justice  and 
two  associate  justices  any  two  of  whom  shall  constitute  a  quorum,  and  who 
shall  hold  a  term  at  the  seat  of  government  of  said  territory  annually,  and 
they  shall  hold  their  offices  during  the  period  of  four  years,  and  until  their 
successors  shall  be  appointed  and  qualified.  The  said  territory  shall  be  di 
vided  into  three  judicial  districts,  and  a  district  court  shall  be  held  in  each  of 
said  districts  by  one  of  the  justices  of  the  supreme  court,  at  such  times  and 
places  as  may  be  prescribed  by  law ;  and  the  said  judges  shall,  after  their  ap. 
pointments,  respectively,  reside  in  the  district  which  shall  be  assigned  them. — 
The  jurisdiction  of  the  several  courts  herein  provided  for,  both  appellate  and, 
original,  and  that  of  the  probate  courts  and  of  justices  of  the  peace,  shall  be- 
as  limited  by  law :  Provided,  That  justices  of  the  peace  shall  not  have  juris 
diction  of  any  matter  in  controversy  when  the  title  or  boundaries  of  land  may 
be  in  dispute,  or  where  the  debt  or  sum  claimed  shall  exceed  one  hundred 
dollars ;  and  the  said  supreme  and  district  courts,  respectively,  shall  possess 
chancery  as  well  as  common  law  jurisdiction.  Each  district  court,  or  the 
judge  thereof,  shall  appoint  its  clerk,  who  shall  also  be  the  register  in  chance 
ry,  and  shall  keep  his  office  at  the  place  where  the  court  may  be  held.  Writs 
of  error,  bills  of  exception,  and  appeals,  shall  be  allowed  in  all  cases  from  the 
final  decision  of  said  district  courts  to  the  supreme  court,  under  such  regula 
tions  as  may  be  prescribed  by  law ;  but  in  no  case  removed  to  the  supreme 
court  shall  trial  by  jury  be  allowed  in  said  court.  The  supreme  court,  or 
the  justices  thereof,  shall  appoint  its  own  clerk,  and  every  clerk  shall  hold  his 
office  at  the  pleasure  of  the  court  for  which  he  shall  have  been  appointed. — 
Writs  of  error,  and  appeals  from  the  final  decision  of  said  supreme  court>  shall 
3 


30  NEBRASKA    AND    KANSAS, 

be  allowed,  and  may  be  taken  to  the  Supreme  court  of  the  United  States,  in 
the  same  manner  and  under  the  same  regulations  as  from  the  circuit  courts  of 
the  United  States,  where  the  value  of  the  property,  or  the  amount  in  contro 
versy,  to  be  ascertained  by  the  oath  or  affirmation  of  either  party,   or  other 
competent  witness,  shall  exceed  one  thousand  dollars;  except  only  that  in  all 
cases  involving  title  to  slaves,  the  said  writs  of  error  or  appeals  shall  be  allowed 
and  decided  by  the  said  supreme  court,  without  regard   to  the  value  of  the 
matter,  property,  or  title  in  controversy:  and  except  also  that  a  writ  of  error  o  i 
appeal  shall  also  be  allowed  to  the  Supreme  Court  of  the  United  States,  fixuu 
the  decision  of  the  said  supreme  court  created  by  this  act^  or  of  my  judge 
thereof,  or  of  the  district  courts  created  by  this  act,  or  of  any  judgo  there  of 
upon  any  writ  of  habeas  corpus,  involving  the  question  of  personal  freedom! : 
Provided,  That  nothing  herein  contained  shall  be  construed  to  apply  to  or 
affect  the  provisions  of  the  "  act  respecting  fugitives  from  justice,  and  persons 
escaping  from  the  service  of  their  masters,"  approved  February  twelfth,  seven 
teen  hundred  and  ninety -three,  and  the  "  act  to  amend  and  supplementary 
to  the  aforesaid  act,"  approved   September  eighteen,  eighteen  hundred  and 
fifty ;  and  each  of  the  said  district  courts  shall  have  and  exercise  the  same 
jurisdiction  in  all  cases  arising  under  the  Constitution  and  laws  of  the  United 
States  as  is  vested  in  the  circuit  and  district  courts  of  the  United  States ;  and 
the  said  supreme  and  district  courts  of  the  said  territory,  and  the  respective 
judges  thereof,  shall  and  may  grant  writs  of  habeas  corpus   in  all  cases  in 
which  -the  same  are  granted  by  the  judges  of  the  United  States  in  the  district 
of  Columbia;  and  the  first  six  days  of  every  term  of  said  courts,  or  so  much 
thereof  as  shall  be  necessary,  shall  be  appropriated  to  the  trial  of  causes  arising 
under  the  said  Constitution  and  laws,  and  writs  of  error  and  appeal  in  all  such 
cases  shall  be  made  to  the  supreme  court  of  said  territory,  the  same  as  in  other 
cases.     The  said  clerk  shall  receive  in  all  such  cases  the  same  fees  which  the 
clerks  of  the  district  courts  of  Utah  Territory  now  receive  for  similar  services. 

SEC.  10,  And  be  it  further  enacted,  That  the  provisions  of  an  act  entitled 
•*  An  act  respecting  fugitives  from  justice,  and  persons  escaping  from  the  ser 
vice  of  their  masters,"  approved  February  twelve,  seventeen  hundred  and 
ninety-three,  and  the  provisions  of  the  act  entitled  "  An  act  to  amend,  and 
supplementary  to,  the  aforesaid  act,"  approved  September  eighteen,  eighteen 
hundred  and  fifty,  be,  and  the  same  are  hereby,  declared  to  extend  to  and  be 
in  full  force  within  the  limits  of  said  territory  of  Nebraska. 

SEC.  11.  And  be  it  further  enacted,  That  there  shall  be  appointed  an  at 
torney  for  said  territory,  who  shall  continue  in  office  for  four  years,  and  until 
his  successor  shall  be  appointed  and  qualified,  unless  sooner  removed  by  the 


NEBRASKA   AND    KANSAS.  81 

President,  and  who  shall  receive  the  same  fees  and  salary  as  the  attorney  of 
the  United  States  for  the  present  territory  of  Utah.  There  shall  also  be  a 
marshal  for  the  territory  appointed,  who  shall  hold  his  office  for  four  years,  and 
until  his  successor  shall  be  appointed  and  qualified,  unless  sooner  removed  by 
the  President,  and  who  shall  execute  all  processes  issuing  from  the  said  courts 
when  exercising  their  jurisdiction  as  circuit  and  district  courts  of  the  United 
States;  he  shall  perform  the  duties,  be  subject  to  the  same  regulations  and 
penalties,  and  be  entitled  to  the  same  fees  as  the  marshal  of  the  district  court 
of  the  United  States  for  the  present  territory  of  Utah,  and  shall,  in  addition 
be  paid  two  hundred  dollars  annually  as  a  compensation  for  extra  services. 
SEC.  12.  And  be  it  further  enacted,  That  the  governor,  secretary,  chief 
justice,  and  associate  justices,  attorney,  and  marshal,  shall  be  nominated,  and, 
by  and  with  the  advice  and  consent  of  the  Senate,  appointed  by  the  Presiden 
of  the  United  States.  The  governor  and  secretary  to  be  appointed  as  aforo 
siid,  shall,  before  they  act  as  such,  respectively  take  an  oath  or  affirmation  be 
fore  the  district  judge  or  some  justice  of  the  peace  in  the  limits  of  said  ter 
ritory,  duly  authorized  to  administer  oaths  and  affirmations  by  the  laws  now 
in  force  therein,  or  before  the  chief  justice  or  some  associate  justice  of  the 
Supreme  Court  of  the  United  States,  to  support  the  Constitution  of  the 
United  States,  and  faithfully  to  discharge  the  duties  of  their  respective  offices, 
which  said  oaths,  when  so  taken,  shall  be  certified  by  the  person  by  whom 
the  same  shall  have  been  taken ;  and  such  certificates  shall  be  received  and 
recorded  by  the  said  secretary  among  the  executive  proceedings ;  and  the 
chief  justice  and  associate  justices,  and  all  other  civil  officers  in  said  territory* 
before  they  act  as  such,  shall  take  a  like  oath  or  affirmation  before  the  said 
governor  or  secretary,  or  some  judge  or  justice  of  the  peace  of  the  territory 
who  may  be  duly  commissioned  and  qualified,  which  said  oath  or  affirmation* 
shall  be  certified  and  transmitted  by  the  person  taking  the  same  to  the  secre 
tary,  to  be  by  him  recorded  as  aforesaid;  and,  afterwards,  the  like  oath  or 
affirmation  shall  be  taken,  certified,  and  recorded,  in  such  manner  and  form 
as  may  be  prescribed  by  law .  The  governor  shall  receive  an  annual  salary  of- 
two  thousand  five  hundred  dollars.  The  chief  justice  and  associate  justices- 
shall  each  receive  an  annual  salary  of  two  thousand  dollars.  The  secretary 
shall  receive  an  annual  salary  of  two  thousand  dollars.  The  said  salaries  shall 
be  paid  quarter-yearly,  from  the  dates  of  the  respective  appointments,  at  tha 
treasury  of  the  United  States;  but  no  such  payment  shall  be  made  until  said 
officers  shall  have  entered  upon  the  duties  of  their  respective  appointments. 
The  members  of  the  legislative  assembly  shall  be  entitled  to  receive  three 
dollars  each  per  day  during  their  attendance  at  the  sessions  thereof,  and  three 


32  NEBRASKA   AND    KANSAS. 

dollars  each  for  every  twenty  miles'  travel  in  going  to  and  returning  from  the 
said  sessions,  estimated  according  to  the  nearest  usually  travelled  route;  and 
an  additional  allowance  of  three  dollars  shall  be  paid  to  the  presiding  officer 
of  each  house  for  each  day  he  shall  so  preside .  And  a  chief  clerk,  one  as 
sistant  clerk,  a  sergeant-at-arms,  and  door-keeper,may  be  chosen  for  each  house; 
and  the  chief  clerk  shall  receive  four  dollars  per  day,  and  the  said  other  offi 
cers  three  dollars  per  day,  during  the  session  of  the  legislative  assembly ;  but 
no  other  officers  shall  be  paid  by  the  United  States :  Provided,  That  there 
shall  be  but  one  session  of  the  legislature  annually,  unless,  on  an  extraordina 
ry  occasion,  the  governor  shall  think  proper  to  call  the  legislature  together. — 
There  shall  be  appropriated,  annually,  the  usual  sum,  ,to  be  expended  by  the 
governor,  to  defray  the  contingent  expenses  of  the  territory,  including  the 
salary  of  a  clerk  of  the  executive  department ;  and  there  shall  also  be  appro 
priated,  annually,  a  sufficient  sum,  to  be  expended  by  the  secretary  of  the 
territory,  and  upon  an  estimate  to  be  made  by  the  secretary  of  the  treasury 
of  the.  United  States,  to  defray  the  expenses  of  the  legislative  assembly,  the 
printing  of  the  laws,  and  other  incidental  expenses ;  and  the  governor  and 
secretary  of  the  territory  shall,  in  the  disbursement  of  all  moneys  intrusted 
to  them,  be  governed  solely  by  the  instructions  of  the  secretary  of  the  treasu 
ry  of  the  United  States,  and  shall,  semi-annually,  account  to  the  said  secre 
tary  for  the  manner  in  which  the  aforesaid  moneys  shall  have  been  expended ; 
and  no  expenditure  shall  be  made  by  said  legislative  assembly  for  objects  not 
specially  authorized  by  the  acts  of  Congress  making  the  appropriations,  nor 
beyond  the  sums  thus  appropriated  for  such  objects, 

SE'C.  13.  And  be  it  further  enacted,  That  the  legislative  assembly  of  the 
territory  of  Nebraska  shall  hold  its  first  session  at  such  time  and  place  in  said 
territory  as  the  governor  thereof  shall  appoint  and  direct;  and  at  said  first 
session,  or  as  soon  thereafter  as  they  shall  deem  expedient,  the  governor  and 
legislative  assembly  shall  proceed  to  locate  and  establish  the  seat  of  govern 
ment  for  said  territory  at  such  place  as  they  may  deem  eligible ;  wrhich  place, 
however,  shall  thereafter  be  subject  to  be  changed  by  the  said  governor  and 
legislative  assembly. 

SEC.  14 .  And  be  it  further  enacted,  That  a  delegate  to  the  House  of  Rep 
resentatives  of  the  United  States,to  serve  for  the  term  of  two  years, who  shall  be 
a  citizen  of  the  United  States,  may  be  elected  by  the  voters  qualified  to  elect 
members  of  the  legislative  assembly,  who  shall  be  entitled  to  the  same  rights 
and  privileges  as  are  exercised  and  enjoyed  by  the  delegates  from  the  several 
other  territories  of  the  United  States  to  the  said  House  of  Representatives, 


NEBRASKA   AND    KANSAS.  33 

but  the  delegate  first  elected  shall  hold  his  seat  only  during  the  term  of  the 
Congress  to  which  he  shall  be  elected.  The  first  election  shall  be  held  at 
such  time  and  places,  and  be  conducted  in  such  manner,  as  the  governor 
shall  appoint  and  direct;  and  at  all  subsequent  elections  the  times,  places, 
and  manner  of  holding  the  elections,  shall  be  prescribed  by  law.  The  per 
son  having  the  greatest  number  of  votes  shall  be  declared  by  the  governor 
to  be  duly  elected,  and  a  certificate  thereof  shall  be  given  accordingly.  That 
the  Constitution,  and  all  the  laws  of  the  United  States  which  are  not  locally 
inapplicable,  shall  have  the  same  force  and  effect  within  the  said  territory 
of  Nebraska  as  elsewhere  within  the  United  States,  except  the  eighth  section 
of  the  act  preparatory  to  the  admission  of  Missouri  into  the  Union,  approv 
ed  March  sixth,  eighteen  hundred  and  twenty,  which,  being  inconsistent  with 
the  principle  of  non-intervention  by  Congress  with  slavery  in  the  states  and 
territories,  as  recognized  by  the  legislation  of  eighteen  hundred  and  fifty, 
commonly  called  the  compromise  measures,  is  hereby  declared  inoperative 
and  void;  it  being  the  true  intent  and  meaning  of  this  act  not  to  legislate  slave 
ry  into  any  territory  or  state,  nor  to  exclude  it  therefrom,  but  to  leave  the 
people  thereof  perfectly  free  to  form  and  regulate  their  domestic  institutions 
in  their  own  way,  subject  only  to  the  Constitution  of  the  United  States : 
Provided,  That  nothing  herein  contained  shall  be  construed  to  revive  or  put 
in  force  any  law  or  regulation  which  may  have  existed  prior  to  the  act  of  sixth 
March,  eighteen  hundred  and  twenty,  either  protecting,  establishing,  pro 
hibiting,  or  abolishing  slavery. 

SEC,  15.  And  be  it  further  enacted,  That  there  shall  hereafter  be  appro 
priated,  as  has  been  customary  for  the  territorial  governments,  a  sufficient 
amount,  to  be -expended  under  the  direction  of  the  said  governor  of  the  ter 
ritory  of  Nebraska,  not  exceeding  the  sums  heretofore  appropriated  for  similar 
objects,  for  the  erection  of  suitable  public  buildings  at  the  seat  of  govern 
ment,  and  for  the  purchase  of  a  library,  to  be  kept  at  the  seat  of  government 
for  the  use  of  the  governor,  legislative  assembly,  judges  of  the  supreme  court 
secretary,  marshal,  and  attorney  of  said  territory,  and  such  other  persons,  and 
under  such  regulations  as  shall  be  prescribed  by  law. 

SEC.  16.  And  be  it  further  enacted,  That  when  the  lands  in  the  said  ter 
ritory  shall  be  surveyed  under  the  direction  of  the  government  of  the  United 
States,  preparatory  to  bringing  same  into  market,  sections  numbered  sixteen 
and  thirty-six,  in  each  township  in  said  territory  shall  be,  and  the  same  are 
hereby,  reserved  for  the  purpose  of  being  applied  to  schools  in  said  territory, 
and  in  the  states  and  territories  hereafter  to  be  erected  out  of  the  same. 


34  NEBRASKA    AND    KANSAS. 

SEC,  17.  And  be  it  further  enacted,  That,  until  otherwise  provided  by 
law,  the  governor  of  said  territory  may  define  the  judicial  districts  of  said 
territory,  and  assign  the  judges  who  may  be  appointed  for  said  territory  to 
the  several  districts ;  and  also  appoint  the  times  and  places  for  holding  courts 
in  the  several  counties  or  subdivisions  in  each  of  said  judicial  districts  by  pro 
clamation,  to  be  issued  by  him ;  but  the  legislative  assembly,  at  their  first 
or  any  subsequent  session,  may  organize,  alter,  or  modify  such  judicial  dis- 
ricts,  and  assign  the  judges,  and  alter  the  times  and  places  of  holding  the 
courts,  as  to  them  shall  seem  proper  and  convenient. 

SEC.  18.  And  be  it  further  enacted,  That  all  officers  to  be  appointed  by 
the  President,  by  and  with  the  advice  and  consent  of  the  Senate,  for  the  ter 
ritory  of  Nebraska,  who,  by  virtue  of  the  provisions  of  any  law  now  existing, 
or  which  may  be  enacted  during  the  present  Congress,  are  required  to  give 
security  for  moneys  that  may  be  intrusted  with  them  for  disbursements,  shall 
give  such  security,  at  such  time  and  palce,  and  in  such  manner  as  the  secretary 
of  the  treasury  may  prescribe. 

SEC.  19.  And  be  it  further  enacted,  That  all  that  part  of  the  territory  of 
the  United  States  included  within  the  following  limits,  except  such  portions 
thereof  as  are  hereinafter  expressly  exempted  from  the  operations  of  this  act, 
to  wit:  beginning  at  a  point  on  the  western  boundary  of  the  state  of  Missouri, 
where  the  thirty-seventh  parallel  of  north  latitude  crosses  the  same ;  thence 
west  on  said  parallel  to  the  eastern  boundary  of  New  Mexico;  thence  north 
on  said  boundary  to  latitude  thirty-eight;  thence  following  said  boundary 
westward  to  the  east  boundary  of  the  territory  of  Utah,  on  the  summit  of 
the  Rocky  Mountains;  thence  northward  on  said  summit  to  the  fortieth  par 
allel  of  latitude ;  thence  east  on  said  parallel  to  the  western  boundary  of  the 
state  of  Missouri ;  thence  south  with  the  western  boundary  of  said  state  to 
the  place  of  beginning,  be,  and  the  same  is  hereby,  created  into  a  temporary 
government  by  the  name  of  the  Territory  of  Kansas;  and  when  admitted 
as  a  state  or  states,  the  said  territory,  or  any  portion  of  the  same,  shall  be 
received  into  the  Union  with  or  without  slavery,  as  their  constitution  may 
prescribe  at  the  time  of  their  admission :  Provided,  That  nothing  in  this  act 
contained  shall  be  construed  to  inhibit  the  government  of  the  United  States 
from  dividing  said  territory  into  two  or  more  territories,  in  such  manner  and 
at  such  times  as  Congress  shall  deem  convenient  and  proper,  or  from  attach 
ing  any  portion  of  said  territory  to  any  other  state  or  territory  of  the  United 
States:  Provided  further,  That  nothing  in  this  act  contained  shall  be  so 
construed  to  impair  the  rights  of  person  or  property  now  pertaining  to  the 
Indians  in  said  territory,  so  long  as  such  rights  shall  remain  unextinguished 


NEBRASKA   AND    KANSAS.  35 

by  treaty  between  the  United  States'  and  such  Indians,  or  to  include  any 
erritory  which,  by  treaty  with  any  Indian  tribe,  is  not,  without  the  consent 
of  said  tribe,  to  be  included  within  the  territorial  limits  or  jurisdiction  of  any 
state  or  territory ;  but  all  such  territory  shall  be  excepted  out  of  the  bounda 
ries,  and  constitute  no  part  of  the  territory  of  Kansas,  until  said  tribe  shall 
signify  their  assent  to  the  President  of  the  United  States  to  be  included 
within  the  said  territory  of  Kansas,  or  to  affect  the  authority  of  the  govern 
ment  of  the  United  States  to  make  any  regulation  respecting  such  Indians, 
their  lands,  property,  or  other  rights,  by  treaty,  law,  or  otherwise,  which  it 
would  have  been  competent  to  the  government  to  make  if  this  act  had  never 
passed. 

SEC.  20.  And  be  it  further  enacted,  That  the  executive  power  and  au 
thority  in  and  over  said  territory  of  Kansas  shall  be  vested  in  a  governor 
who  shall  hold  his  office  for  four  years,  and  until  his  successor  shall  be  ap 
pointed  and  qualified,  unless  sooner  removed  by  the  President  of  the  United 
States.  The  governor  shall  reside  within  said  territory,  and  shall  be  com- 
raander-in-chief  of  the  militia  thereof.  He  may  grant  pardons  and  respites 
for  oftences  against  the  laws  of  said  territory,  and  reprieves  for  offences  against 
the  laws  of  the  United  States,  until  the  decision  of  the  President  can  be 
made  known  thereon ;  he  shall  commission  all  officers  who  shall  be  appoint 
ed  to  office  under  the  laws  of  said  territory,  and  shall  take  care  that  the  laws 
be  faithfully  executed. 

SEC.  21.  And  be  it  further  enacted,  That  there  shall  be  a  secretary  of 
said  territory,  who  shall  reside  therein,  and  hold  his  office  for  five  years,  un 
less  sooner  removed  by  the  President  of  the  United  States;  he  shall  record 
and  preserve  all  the  laws  and  proceedings  of  the  legislative  assembly  herein 
after  constituted,  and  all  the  acts  and  proceedings  of  the  governor  in  his  ex 
ecutive  department;  he  shall  transmit  one  copy  of  the  laws  and  journals  of 
the  legislative  assembly  within  thirty  days  after  the  end  of  each  session,  and 
one  copy  of  the  executive  proceedings  and  official  correspondence  semi-annu- 
ally,  on  the  first  days  of  January  and  July  in  each  year,  to  the  President  of 
the  United  States,  and  two  copies  of  the  laws  to  the  President  of  the  Senate 
and  to  the  Speaker  of  the  House  of  Representatives,  to  be  deposited  in  the 
libraries  of  Congress;  and,  in  case  of  the  death,  removal,  resignation,  or  ab 
sence  of  the  governor  from  the  territory,  the  secretary  shall  be,  and  he  is 
hereby,  authorized  and  required  to  execute  and  perform  all  the  powers  and 
duties  of  the  governor  during  such  vacancy  or  absence,  or  until  another  gov 
nor  shall  be  duly  appointed  and  qualified  to  fill  such  vacancy. 


36  NEBRASKA   AND    KANSAS. 

SEC.  22.  And  be  it  further  enacted,  That  the  legislative  power  and  au 
thority  of  said  territory  shall  be  vested  in  the  governor  and  a  legislative  as 
sembly.  The  legislative  assembly  shall  consist  of  a  council  and  house  of 
representatives.  The  council  shall  consist  of  thirteen  members,  having  the 
qualifications  of  voters,  as  hereinafter  prescribed,  whose  term  of  service  shall 
continue  two  years.  The  house  of  representatives  shall,  at  its  first  session, 
consist  of  twenty-six  members,  possessing  the  same  qualifications  as  prescrib 
ed  for  members  of  the  council,  and  whose  term  of  service  shall  continue  one 
year.  The  number  of  representatives  may  be  increased  by  the  legislative  as 
sembly,  from  time  to  time,  in  proportion  to  the  increase  of  qualified  voters : 
Provided,  That  the  whole  number  shall  never  exceed  thirty-nine.  An  ap 
portionment  shall  be  made,  as  nearly  equal  as  practicable,  among  the  several 
counties  or  districts,  for  the  election  of  the  council  and  representatives,  giving 
to  each  section  of  the  territory  representation  in  the  ratio  of  its  qualified  voters 
as  nearly  as  may  be.  And  the  members  of  the  council  and  of  the  house  of 
representatives  shall  reside  in,  and  be  inhabitants  of,  the  district  or  county,  or 
counties,  for  which  they  may  be  elected,  respectively.  Previous  to  the  first 
election,  the  governor  shall  cause  a  census  or  enumeration  of  the  inhabitants 
and  qualified  voters  of  the  several  counties  and  districts  of  the  territory,  to  be 
taken  by  such  persons  and  in  such  mode  as  the  governor  shall  designate  and 
appoint ;  and  the  persons  so  appointed  shall  receive  a  reasonable  compensation 
therefor.  And  the  first  election  shall  be  held  at  such  time  and  places,  and 
be  conducted  in  such  manner,  both  as  to  the  persons  who  shall  superintend 
such  election  and  the  returns  thereof,  as  the  governor  shall  appoint  and  di 
rect;  and  he  shall  at  the  same  time  declare  the  number  of  members  of  the 
council  and  house  of  representatives  to  which  each  of  the  counties  or  districts 
shall  be  entitled  under  this  act.  The  persons  having  the  highest  number  of 
legal  votes  in  each  of  said  council  districts  for  members  of  the  council,  shall 
be  declared  by  the  governor  to  be  duly  elected  to  the  council :  and  the  per 
sons  having  the  highest  number  of  legal  votes  for  the  house  of  representa 
tives,  shall  be  declared  by  the  governor  to  be  duly  elected  members  of  said 
house :  Provided,  That  in  case  two  or  more  persons  voted  for  shall  have  an 
equal  number  of  votes,  and  in  case  a  vacancy  shall  otherwise  occur  in  either 
branch  of  the  legislative  assembly,  the  governor  shall  order  a  new  election ; 
and  the  persons  thus  elected  to  the  legislative  assembly  shall  meet  at  such  place 
and  on  such  day  as  the  governor  shall  appoint;  but  thereafter,  the  time,  place, 
and  manner  of  holding  and  conducting  all  elections  by  the  people,  and  the 
apportioning  the  representation  in  the  several  counties  or  districts  to  the  coun- 


NEBRASKA   AND   KANSAS.  37 

cil  and  bouse  of  representatives,  according  to  the  number  of  qualified  voters, 
shall  be  prescribed  by  law,  as  well  as  the  day  of  the  commencement  of  the 
regular  sessions  of  the  legislative  assembly :  Provided,  That  no  session  in 
any  one  year  shall  exceed  the  term  of  forty  days,  except  the  first  session,  which 
may  continue  sixty  days. 

SEC.  23.  And  be  it  further  enacted,  That  every  free  white  male  inhabitant 
above  the  age  of  twenty-one  years,  who  shall  be  an  actual  resident  of  said 
Territory,  and  shall  possess  the  qualifications  hereinafter  prescribed,  shall  be 
entitled  to  vote  at  the  first  election,  and  shall  be  eligible  to  any  office  within 
the  said  Territory ;  but  the  qualifications  of  voters,  and  of  holding  office,  at 
all  subsequent  elections,  shall  be  such  as  shall  be  prescribed  by  the  legislative 
assembly :  Provided,  That  the  right  of  suffrage  and  of  holding  office  shall  be 
exercised  only  by  citizens  of  the  United  States,  and  those  who  shall  have  de 
clared  on  oath  their  intention  to  become  such,  and  shall  have  taken  an  oath 
to  support  the  Constitution  of  the  United  States  and  the  provisions  of  this  act. 
And  provided  further,  That  no  officer,  soldier,  seaman,  marine,  or  other  person 
in  the  army  or  navy  of  the  United  States,  or  attached  to  troops  in  the  service 
of  the  United  States,  shall  be  allowed  to  vote  or  hold  office  in  said  Territory 
by  reason  of  being  on  service  therein. 

SEC.  24.  And  be  it  further  enacted,  That  the  legislative  power  of  the  Ter 
ritory  shall  extend  to  all  rightful  subjects  of  legislation  consistent  with  the 
Constitution  of  the  United  States  and  the  provisions  of  this  act;  but  no  law 
shall  be  passed  interfering  with  the  primary  disposal  of  the  soil;  no  tax  shall 
be  imposed  upon  the  property  of  the  United  States ;  nor  shall  the  lands  or 
other  property  of  non-residents  be  taxed  higher  than  the  lands  or  other  prop 
erty  of  residents.  Every  bill  which  shall  have  passed  the  council  and  house 
of  representatives  of  the  said  Territory,  shall,  before  it  become  a  law,  be  pre 
sented  to  the  governor  of  the  Territory ;  if  he  approve,  he  shall  sign  it ;  but 
if  not,  he  shall  return  it  with  his  objectons  to  the  house  in  which  it  originated 
who  shall  enter  the  objections  at  large  on  their  journal,  and  proceed  to  recon 
sider  it.  If,  after  such  reconsideration,  two-thirds  of  that  house  shall  agree 
to  pass  the  bill,  it  shall  be  sent,  together  with  the  objections,  to  the  other  house* 
by  which  it  shall  likewise  be  reconsidered,  and  if  approved  by  two-thirds  of 
that  house,  it  shall  become  a  law.  But  in  all  such  cases  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays,  to  be  entered  on  the  journal 
of  each  house,  respectively.  If  any  bill  shall  not  be  returned  by  the  gover 
nor  within  three  days  (Sundays  excepted)  after  it  shall  have  been  presented  to 
him,  the  same  shall  be  a  law  in  like  manner  as  if  he  had  signed  it,  unless  the 
assembly,  by  adjournment,  prevent  its  return,  in  which  case  it  shall  not  be  a 
law. 


3g  NEBRASKA   AND    KANSAS, 

SEC.  25.  And  be  it  further  enacted,  That  all  township,  district,  and  county 
officers,  not  herein  otherwise  provided  for,  shall  be  appointed  or  elected,  as  the 
case  may  be,  in  such  manner  as  shall  be  provided  by  the  governor  and  legis 
lative  assembly  of  the  Territory  of  Kansas.  The  governor  shall  nominate) 
and,  by  and  with  the  advice  and  consent  of  the  legislative  council,  appoint 
all  officers  not  herein  otherwise  provided  for;  and  in  the  first  instance  the  gov 
ernor  alone  may  appoint  all  said  officers,  who  shall  hold  their  offices  until  the 
end  of  the  first  session  of  the  legislative  assembly ;  and  shall  lay  off  the  ne 
cessary  districts  for  members  of  the  council  and  house  of  representatives,  and 
all  other  officers. 

SEC.  26.  And  be  it  further  enacted,  That  no  member  of  the  legislative 
assembly  shall  hold,  or  be  appointed  to,  any  office  which  shall  have  been  crea 
ted,  or  the  salary  or  emoluments  of  which  shall  have  been  increased,  while  he 
was  a  member,  during  the  term  for  which  he  was  elected,  and  for  one  year 
after  the  expiration  of  such  term ;  but  this  restriction  shall  not  be  applicable 
to  members  of  the  first  legislative  assembly  5  and  no  person  holding  a  com 
mission  or  appointment  under  the  United  States,  except  postmasters,  shall  be 
a,  member  of  the  legislative  assembly,  or  shall  hold  any  office  under  the  gov 
ernment  of  said  Territory. 

SEC.  27.  And  be  it  further  enacted,  That  the  judicial  power  of  said 
Territory  shall  be  vested  in  a  Supreme  court,  district  courts,  probate  courts, 
and  in  justices  of  the  peace.  The  supreme  court  shall  consist  of  a  chief 
justice  and  two  associate  justices,  any  two  of  whom  shall  constitute  a  quo 
rum,  and  who  shall  hold  a  term  at  the  seat  of  government  of  said 
territory  annually ;  and  they  shall  hold  their  offices  during  the  period  of 
four  years,  and  until  their  successors  shall  be  appointed  and  qualified. 
The  said  Territory  shall  be  divided  into  three  judicial  districts,  and  a 
district  court  shall  be  held  in  each  of  said  districts  by  one  of  the 
justices  of  the  supreme  court,  at  such  times  and  places  as  may  be 
prescribed  by  law;  and  the  said  judges  shall,  after  their  appointments,  respect 
ively,  reside  in  the  districts  which  shall  be  assigned  them.  The  jurisdiction 
of  the  several  courts  herein  provided  for,  bo.lh  appellate  and  original,  and 
that  of  the  probate  courts  and  of  justices  of  the  peace,  shall  be  as  limited  by 
law :  Provided,  That  justices  of  the  peace  shall  not  have  jurisdiction  of  any 
matter  in  controversy  when  the  title  or  boundaries  of  land  may  be  in  dispute 
or  where  the  debt  or  sum  claimed  shall  exceed  one  hundred  dollars;  and  the 
gaid  supreme  and  district  courts,  respectively,  shall  possess  chancery  as  well  as 
common  law  jurisdiction.  Each  district  court  or  the  judge  thereof,  shall  ap 
point  its  clerk,  who  shall  also  be  the  register  in  chancery,  and  shall  keep  his 


NEBRASKA   AND    KANSAS.  39 

office  at  the  place  where  the  court  may  be  held.  Writs  of  error,  bills  of  ex 
ception,  and  appeals,  shall  be  allowed  in  all  cases  from  the  final  decisions  of 
said  district  courts  to  the  supreme  court,  under  such  regulations  as  may  be 
prescribed  by  law ;  but  in  no  case  removed  to  the  supreme  court  shall  trial  by 
jury  be  allowed  in  said  court  The  supreme  court,  or  the  justices  thereof, 
shall  appoint  its  own  clerk,  and  every  clerk  shall  hold  his  office  at  the  pleasure 
of  the  court  for  which  he  shall  have  been  appointed.  Writs  of  error,  and 
appeals  from  the  final  decisions  of  said  supreme  court,  shall  be  allowed,  and 
may  be  taken  to  the  Supreme  Court  of  the  United  States,  in  the  same  manner 
and  under  the  same  regulations  as  from  the  circuit  courts  of  the  United 
States,  where  the  value  cf  the  property,  or  the  amount  in  controversy,  to  be 
ascertained  by  the  oath  or  affirmation  of  either  party,  or  other  competent  wit 
ness,  shall  exceed  one  thousand  dollars',  except  only  that  in  all  cases  involving 
title  to  slaves,  the  said  writs  of  error  or  appeals  shall  be  allowed  and  decided 
by  the  said  supreme  court,  without  regard  to  the  value  of  the  matter,  property  ? 
or  title  in  controversy ;  and  except  also  that  a  writ  of  error  or  appeal  shall  also 
be  allowed  to  the  Supreme  Court  of  the  United  States,  from  the  decision  of 
the  said  supreme  court  created  by  this  act.  or  of  any  judge  thereof,  or  of  the 
district  courts  created  by  this  act,  or  of  any  judge  thereof,  upon  any  writ  of 
habeas  corpus,  involving  the  question  of  personal  freedom :  Provided,  That 
nothing  herein  contained  shall  be  construed  to  apply  to  or  affect  the  provisions 
of  the  "  act  respecting  fugitives  from  justice,  and  persons  escaping  from  the 
service  of  their  masters,"  approved  February  twelfth,  seventeen  hundred  and 
ninety -three,- and  the  "act  to  amend  and  supplementary  to  the  aforesaid  act," 
approved  September  eighteenth,  eighteen  hundred  and  fifty ;  and  each  of  the 
sai  1  district  courts  shall  have  and  exercise  the  same  jurisdiction  in  all  cases 
arising  under  the  Constitution  and  laws  of  the  United  States  as  is  vested  in 
ilie  circuit  and  district  courts  of  the  United  States;  and  the  said  supreme  and 
d 'strict  courts  of  the  said  Territory,  and  the  respective  judges  thereof,  shall 
and  may  grant  wiits  of  habeas  corpus  in  all  cases  in  which  the  same  are  gran 
ted  by  the  judges  of  the  United  States  in  the  District  of  Columbia;  and  the 
first  six  days  of  every  term  of  said  courts,  or  so  much  thereof  as  shall  be  ne 
cessary,  shall  be  appropriated  to  the  trial  of  causes  arising  under  the  said  Con 
stitution  and  laws,  and  writs  of  error  and  appeal  in  all  such  cases  shall  be 
made  to  the  supreme  court  of  said  Territory,  the  same  as  in  other  cases.  The 
said  clerk  shall  receive  in  all  such  cases  the  same  fees  which  the  clerks  of  the 
district  courts  of  Utah  Territory  now  receive  for  similar  services. 

SEC.  28.  And  be  it  further  enacted,  That  the  provisions  of  the  act  entitled 
"  An  act  respecting  fugitives  from  justice  and  persons  escaping  from  the  ser- 


40  NEBRASKA   AND    KANSAS. 

vice  of  their  masters,"  approved  February  twelfth,  seventeen  hundred  and 
ninety-three,  and  the  provisions  of  the  act  entitled  "  An  act  to  amend,  and 
supplementary  to,  the  aforesaid  act,"  approved  September  eighteenth,  eight 
een  hundred  and  fifty,  be,  and  the  same  are  hereby,  declared  to  extend  to  and 
be  in  full  force  within  the  limits  of  the  said  Territory  of  Kansas. 

SEC.  29.  And  be  it  further  enacted,  That  there  shall  be  appointed  an  attor 
ney  for  said  Territory,  who  shall  continue  in  office  for  four  years,  and  until 
his  successor  shall  be  appointed  and  qualified,  unless  sooner  removed  by"  the 
President,  and  who  shall  receive  the  same  fees  and  salary  as  the  attorney  of 
the  United  States  for  the  present  Territory  of  Utah.  There  shall  also  be  a 
marshal  for  the  Territory  appointed,  who  shall  hold  his  office  for  four  years? 
and  until  his  successor  shall  be  appointed  and  qualified,  unless  sooner  removed 
by  the  President,  and  who  shall  execute  ah1  processes  issuing  from  the  said 
courts  when  exercising  their  jurisdiction  as  circuit  and  district  courts  of  the 
United  States;  he  shall  perform  the  duties,  be  subject  to  the  same  regulations 
and  penalties,  and  be  entitled  to  the  same  fees,  as  the  marshal  of  the  district 
court  of  the  United  States  for  the  present  Territory  of  Utah,  and  shall,  in 
addition,  be  paid  two  hundred  dollars  annually  as  a  compensation  for  extra 
services. 

SEC.  30.  And  be  it  further  enacted,  That  the  governor,  secretary,  chief 
justice,  and  associate  justices,  attorney,  and  marshal  shall  be  nominated,  and. 
by  and  with  the  advice  and  consent  of  the  Senate,  appointed  by  the  President 
of  the  United  States.  The  governor  and  secretary  to  be  appointed  as  afore 
said  shall,  before  they  act  as  such,  respectively  take  an  oath  or  affirmation  be 
fore  the  district  judge  or  some  justice  of  the  peace  in  the  limits  of  said  Terri 
tory,  duly  authorized  to  administer  oaths  and  affirmations  by  the  laws  now 
in  force  therein,  or  before  the  chief  justice  or  some  associate  justice  of  the 
Supreme  Court  of  the  United  States,  to  support  the  Constitution  of  the  Uni 
ted  States,  and  faithfully  to  discharge  the  duties  of  their  respective  offices, 
which  said  oaths,  when  so  taken,  shall  be  certified  by  the  person  by  whom  the 
same  shall  have  been  taken ;  and  such  certificates  shall  be  received  and  recor 
ded  by  the  said  secretary  among  the  executive  proceedings;  and  the  chief 
justice  and  associate  justices,  and  all  other  civil  officers  in  said  Territory,  be 
fore  they  act  as  such,  shall  take  a  like  oath  or  affirmation  before  the  said  gov 
ernor  or  secretary,  or  some  judge  or  justice  of  the  peace  of  the  Territory  who 
may  be  duly  commissioned  and  qualified,  which  said  oath  or  affirmation  shall 
be  certified  and  transmitted  by  the  person  taking  the  same  to  the  secretary,  to 
be  by  him  recorded  as  aforesaid ;  and,  afterwards,  the  like  oath  or  affirmation 
shall  be  taken,  certified,  and  recorded,  in  such  manner  and  form  as  may  be  pre 
scribed  by  law.  The  governor  shall  receive  an  annual  salary  of  two  thousand 


NEBRASKA   AND    KANSAS.  4j 

five  hundred  dollars.  The  chief  justice  and  associate  justices  shall  receive  an 
annual  salary  of  two  thousand  dollars.  The  secretary  shall  receive  an  annual 
salary  of  two  thousand  dollars.  The  said  salaries  shall  be  paid  quarter-yearly, 
from  the  dates  of  the  respective  appointments,  at  the  Treasury  of  the  United 
States;  but  no  such  payment  shall  be  made  until  said  officers  shall  have  en 
tered  upon  the  duties  of  their  respective  appointments.  The  members  of  the 
legislative  assembly  shall  be  entitled  to  receive  three  dollars  each  per  day  du 
ring  their  attendance  at  the  sessions  thereof,  and  three  dollars  each  for  every 
twenty  miles  travel  in  going  to  and  returning  from  the  said  sessions,  estimated 
according  to  the  nearest  usually  traveled  route ;  and  an  additional  allowance 
of  three  dollars  shall  be  paid  to  the  presiding  officer  of  each  house  for  each 
day  he  shall  so  preside.  And  a  chief  clerk,  one  assistant  clerk,  a  sergeant-at- 
arms,  and  door-keeper,  may  be  chosen  for  each  house;  and  the  chief  clerk 
shall  receive  four  dollars  per  day,  and  the  said  other  officers  three  dollars  per 
day,  during  the  session  of  the  legislative  assembly ;  but  no  other  officers  shall 
be  paid  by  the  United  States :  Provided :  That  there  shall  be  but  one  session 
of  the  legislature  annually,  unless,  on  an  extraordinary  occasion,  the  governor 
shall  think  proper  to  call  the  legislature  together.  There  shall  be  appropria 
ted,  annually,  the  usual  sum,  to  be  expended  by  the  governor,  to  defray  the 
contingent  expenses  of  the  Territory,  including  the  salary  of  a  clerk  of  the  ex 
ecutive  department;  and  there  shall  also  be  appropriated,  annually,  a  sufficient 
sum,  to  be  expended  by  the  secretary  of  the  Territory,  and  upon  an  estimate 
to  be  made  by  the  Secretary  of  the  Treasury  of  the  United  States,  to  defray 
the  expenses  of  the  legislative  assembly,  the  printing  of  the  laws,  and  other 
incidental  expenses;  and  the  governor  and  secretary  of  the  Territory  shall,  in 
the  disbursement  of  all  moneys  intrusted  to  them,  be  governed  solely  by  the 
instructions  of  the  Secretary  of  the  Treasury  of  the  United  States,  and  shall, 
semi-annually,  account  to  the  said  Secretary  for  the  manner  in  which  the 
aforesaid  moneys  shall  have  been  expended;  and  no  expenditure  shall  be  made 
by  said  legislative  assembly  for  objects  not  specially  anthorized  by  the  acts  of 
Congress  making  the  appropriations,  nor  beyond  the  sums  thus  appropriated 
for  such  objects. 

SEC.  31.  And  be  it  further  enacted,  That  the  seat  of  government  of  said 
Territory  is  hereby  located  temporarily  at  Fort  Leavenworth ;  and  that  such 
portions  of  the  public  buildings  as  may  not  be  actually  used  and  needed  for 
military  purposes  may  be  occupied  and  used,  under  the  direction  of  the  gov 
ernor  and  legislative  assembly,  for  such  public  purposes  as  may  be  required 
under  the  provisions  of  this  act 

SEC  .  32.  And  be  it  further  enacted,  That  a  delegate  to  the  House  of  Rep- 


42  NEBRASKA   AND    KANSAS. 

resentatives  of  the  United  States,  to  serve  for  the  term  of  two  years,  who 
shall  be  a  citizen  of  the  United  States,  may  be  elected  by  the  voters  qualified 
to  elect  members  of  the  legislative  assembly,  who  shall  be  entitled  to  the 
same  rights  and  privileges  as  are  exercised  and  enjoyed  by  the  delegates  from 
the  several  other  Territories  of  the  United  States  to  the  said  House  of  Representa 
tives,  but  the  delegate  first  elected  shall  hold  his  seat  only  during  the  term  of 
the  Congress  to  which  he  shall  be  elected.  The  first  election  shall  be  held 
at  such  time  and  places,  and  be  conducted  in  such  manner,  as  the  governor 
shall  appoint  and  direct;  and  at  all  subsequent  elections,  the  times,  places,  and 
manner  of  holding  the  elections  shall  be  prescribed  by  law.  The  person  hav 
ing  the  greatest  number  of  votes  shall  be  declared  by  the  governor  to  be  duly 
elected,  and  a  certificate  thereof  shall  be  given  accordingly.  That  the  Con 
stitution,  and  all  laws  of  the  United  States  which  are  not  locally  inapplicable, 
shall  have*  the  same  force  and  effect  within  the  said  Territory  of  Kansas  as 
elsewhere  within  the  United  States,  except  the  eighth  section  of  the  act  pre 
paratory  to  the  admission  of  Missouri  into  the  Union,  approved  March  sixth, 
eighteen  hundred  and  twenty,  which  being  inconsistent  with  the  principle  of 
non-intervention  by  Congress  with  slavery  in  the  States  and  Territories,  as 
recognised  by  the  legislation  of  eighteen  hundred  and  fifty,  commonly  called 
the  compromise  measures,  is  hereby  declared  inoperative  and  void ;  it  being 
the  true  intent  and  meaning  of  this  act  not  to  legislate  slavery  into  any  Terri 
tory  or  State,  nor  to  exclude  it  therefrom,  but  to  leave  the  people  thereof  per 
fectly  free  to  form  and  regulate  their  domestic  institutions  in  their  own  way, 
subject  only  to  the  Constitution  of  the  United  States:  Provided,  That  nothing 
herein  contained  shall  be  construed  to  revive  or  put  in  force  any  law  or  regu 
lation  which  may  have  existed  prior  to  the  act  of  sixth  of  March,  eighteen 
hundred  and  twenty,  either  protecting,  establishing,  prohibiting,  or  abolishing 
slavery. 

SEC.  33.  And  be  it  further  enacted,  That  there  shall  hereafter  be  appro 
priated,  as  has  been  customary  for  the  territoral  governments,  a  sufficient 
amount,  to  be  expended  under  the  direction  of  the  said  governor  of  the  Ter 
ritory  of  Kansas,  not  exceeding  the  sums  heretofore  appropriated  for  similar 
objects,  for  the  erection  of  suitable  public  buildings  at  the  seat  of  government, 
and  for  the  purchase  of  a  library,  to  be  kept  at  the  seat  of  government  for 
the  use  of  the  governor,  legislative  assembly,  judges  of  the  supreme  court, 
secretary,  marshal,  and  attorney  of  said  Territory,  and  such  other  persons,  and 
under  such  regulations,  as  shall  be  prescribed  by  law. 

SEC.  34.  And  be  it  further  enacted,  That  when  the  lands  in  the  said  Ter 
ritory  shall  be  surveyed  under  the  direction  of  the  government  of  the  United 


NEBRASKA    AND    KANSAS.  43 

States,  preparatory  to  bringing  the  same  into  market,  sections  numbered  six 
teen  and  thirty-six  in  each  township  in  said  Territory  shall  be,  and  the  same 
are  hereby,  reserved  for  the  purpose  of  being  applied  to  schools  in  said  Ter 
ritory,  and  in  the  States  and  Territories  hereafter  to  be  erected  out  of  the 
same. 

SEC.  35.  And  be  it  further  enacted,  That,  until  otherwise  provided  by 
law,  the  governor  of  said  Territory  may  define  the  judicial  districts  of  said 
Territory,  and  assign  the  judges  who  may  be  appointed  for  said  Territory  to 
the  several  districts ;  and  also  appoint  the  times  and  places  for  holding  courts 
in  the  several  counties  or  subdivisions  in  each  of  said  judicial  districts  by  pro 
clamation,  to  be  issued  by  him;  but  the  legislative  assembly,  at  their  first  or 
any  subsequent  session,  may  organize,  alter,  cr  modify  such  judicial  districts 
and  assign  the  judges,  and  alter  the  times  and  places  of  holding  the  courts,  as 
to  them  shall  seem  proper  and  convenient. 

SEC.  36.  And  be  it  further  enacted,  That  all  officers  to  be  appointed  by  the 
President,,  by,  and  with  the  advice  and  consent  of  the  Senate,  for  the  Territory 
of  Kansas,  who,  by  virtue  of  the  provisions  of  any  law  now  existing,  or  which 
may  be  enacted  during  the  present  Congress,  are  required  to  give  security  for 
moneys  that  may  be  entrusted  with  them  for  disbursement,  shall  give  such 
security,  at  such  time  and  place,  and  in  such  manner,  as  the  Secretary  of  the 
Treasury  may  prescribe. 

SEC.  37.  And  be  it  further  enacted,  That  all  treaties,  laws,  and  other  en 
gagements  made  by  the  government  of  the  United  States  with  the  Indian 
tribes  inhabiting  the  territories  embraced  within  this  act,  shall  be  faithfully 
and  rigidly  observed,  notwithstanding  anything  contained  in  this  act;  and 
that  the  existing  agencies  and  superintendencies  of  said  Indians  be  continued 
with  the  same  powers  and  duties  which  are  now  prescribed  by  law,  except 
that  the  President  of  the  United  States  may,  at  his  discretion,  change  the  lo 
cation  of  the  office  of  superintendent. 

Passed  the  House  of  Representatives,  May  22,  1854. 
Attest: 

JOHN  W.  FORNEY, 
Clerk,  House  of  Representatives. 


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